CIVIL DIVISION
CIVIL DIVISION
Civil cases are disputes between individuals, entities, or groups of individuals or entities. Typical civil disputes seek monetary damages stemming from tort (civil wrong) or breach of contract. Not all civil cases stem from monetary or contract disputes. Other types of civil cases may include:
Adoption
Annulment
Encumbrance/conveyance of church property
Partition of real estate
Will and estate matters
CIVIL FILINGS
As of September 1, 2018, all filings must have a typed Cover Sheet for Filing Civil Actions (Form CC-1416) included with filing. Instructions for completing the cover sheet can be found here. Inaccurate, incomplete or handwritten cover sheets will be returned for correction and/or completion.
Appellate Court
The Circuit Court serves as the Appellate Court in civil cases appealed from the District Court. Likewise, the Circuit Court serves as the Appellate Court in civil (domestic relations) cases appealed from the Juvenile and Domestic Relations District Court. These are typically child support, custody, and visitation matters.
Monetary Disputes
In civil cases where monetary claims range from $4,500 to $25,000, the Circuit Court has concurrent jurisdiction with the District Court. Monetary disputes involving more than $25,000 fall within the exclusive jurisdiction of the Circuit Court.
Domestic Relations Cases
In civil cases of a domestic relations nature, the Circuit Court has exclusive jurisdiction in divorce and annulment matters, including property settlement and equitable distribution of marital assets. Matters involving child support, custody, and visitation may or may not originate in the Circuit Court, depending on various factors.
Filing a Civil Case
When filing a civil case in the Circuit Court, the filing party is responsible for ensuring that all pleadings are prepared in accordance with the Code of Virginia and rules of the Virginia Supreme Court. Unlike the two District Courts, the Circuit Court does not provide forms for use by litigants in filing civil suits. Hence, it is strongly recommended that the services of an attorney be employed when filing a civil action at the Circuit-Court level.
Note About Legal Advice - access to justice - SELF HELP
**Court personnel are prohibited by law from giving legal advice, restating the law, or recommending legal action. Questions regarding interpretation of the law should be directed to an attorney licensed in the Commonwealth of Virginia.**
Virginia Judicial System Court Self-Help
ADOPTIONS
ADOPTION CASES
All adoption cases are confidential. Pursuant to Virginia Code §63.2-1245, adoption records are only available to attorneys of record, social services offices and court officials.
MORE INFORMATION
Who may have access to information from a finalized adoption record in Virginia?
CASE INFORMATION
CHANCERY RECORDS ONLINE (1781-1945) Virginia Memory: Chancery Records Index
CIVIL FORMS
COVER SHEET
Cover Sheet for Filing Civil Actions
[Form CC-1416]
Instructions
EXPUNGEMENT
GARNISHMENT
Suggestion for Summons in Garnishment
[Form CC-1485]
Instructions
Garnishment Summons
[Form CC-1486]
Instructions
JUDGMENT FORMS
Confession of Judgment / Certificate of Clerk
[Form CC-1420]
InstructionsJudgment Lien Docket - Subsequent Entries [Form CC-1462]
Instructions
PETITION FOR APPOINTMENT OF TRUSTEES
OTHER CIVIL FORMS
Service Other Than by Virginia Sheriff
[Form CC-1407]
InstructionsAffidavit for Order of Publication
[Form CC-1435]
InstructionsPetition for Amendment of a Death Certificate
[Form CC-1453]Motion for Civil Show Cause Summons or Capias
[Form CC-1458]Writs of Possession and Fieri Facias in Detinue
[Form CC-1478]
InstructionsSummons To Answer Interrogatories
[Form CC-1481]
DIVORCE INFORMATION & FORMS
OBTAINING A DIVORCE
Please reference VA Code § 20-89 through 20-124 for information on how to obtain a divorce in Virginia.
To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce.
In Virginia, you do not have to file a separation agreement with the Court unless you wish the court to approve it as part of the divorce proceeding.
If you choose to represent yourself, you will be expected to follow the same procedures as an attorney. Court personnel are prohibited by law from giving legal advice, restating the law or recommending legal action. Questions regarding interpretation of the law should be directed to an attorney licensed in the Commonwealth of Virginia.
UNCONTESTED DIVORCE
For a "no fault" or
If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce.
If there are children from the marriage, you must be separated a minimum of one year before you may file for divorce. If any child or children of the marriage is under the age of 18, both spouses must complete the Families in Transition (FITS) Program.
The following forms are for use in Shenandoah County Circuit Court ONLY. If you use the forms provided at the links below, please make sure they are completed in entirety with accurate information. FORMS MUST BE TYPED. Handwritten forms will not be accepted. Incomplete or inaccurate forms may cause delays in your divorce proceedings.
The complaint is submitted along with a VS-4 form. The VS-4 form is available in the Clerk’s Office at the Civil Counter.
Note: Court personnel are prohibited by law from giving legal advice, restating the law or recommending legal action. Questions regarding interpretation of the law should be directed to an attorney licensed in the Commonwealth of Virginia.
FEE CALCULATOR
MOTIONS DAY DOCKET
THE UPCOMING MOTIONS DAY DOCKET IS NOT POSTED AT THIS TIME.
When it becomes available, this page will link directly to the Motions Day Docket. The docket will be available 6 days prior to Motions Day.
Please see the 2023 Circuit Court Calendar for upcoming Motions Days.
NAME CHANGE INFORMATION & FORMS
NAME CHANGE RESTRICTIONS
A name change may not be sought for any fraudulent purpose or if it will infringe upon the rights of another. You must file the name change in the Circuit Court of the locality in which you live.
Petitioners who desire to change the name of their child or ward must obtain consent of both parents to change a child’s name.
FORMS*
FILING REQUIREMENTS FOR ADULT NAME CHANGE AND MINOR NAME CHANGE:
Application and order must be typed.
Completed application must be notarized or signed in front of a deputy clerk in our office. Bring photo ID if you are signing in our office.
ONE-TIME CIVIL CELEBRANT
Individuals wanting to perform a wedding ceremony in the Commonwealth of Virginia must receive authorization through the court, prior to performing the ceremony, pursuant to Virginia Code §20-25. Authorization will be on a one-time basis only.
The authorization is only valid for a Virginia-issued marriage license and for a ceremony located in the Commonwealth of Virginia. Please allow 5-7 days prior to the ceremony for the authorization and bonding process.
ELIGIBILITY REQUIREMENTS
Must be at least 18 years of age or older.
Must never have been convicted of a felony.
Must execute a $500.00 bond without surety. Due after the Court authorizes the petition.
Must reside in the 26th Judicial Circuit
Includes Clarke, Frederick, Harrisonburg, Page, Rockingham, Shenandoah, Warren and Winchester
FILING REQUIREMENTS
The petition and cover sheet must be typed. Form is available in our office for completion and printing. If printing at home, please print each page separately, do not print double-sided.
Bring a valid photo ID with you.
***Please note that if you are a Virginia resident and meet the eligibility requirements above, you can petition to be a one-time civil celebrant in a circuit court in the judicial circuit where you live. There is no need to get an online ordination as Virginia does not recognize online ordinations; ref: Cramer v. Commonwealth.***
RESTORATION OF DRIVING PRIVILEGE
The form(s) must be typed or legibly printed in black ink.
The process to receive complete restoration of driving privileges could take over a year.
PETITIONS
Third Offense
Petition for Restoration of Driving Privilege - Third Offense
What is needed in addition to the filing fee:
Original plus 3 copies of the petition and all exhibits - DMV records and receipts of paid fines, if any.
Failure to provide the correct number of copies will result in a 50¢ per page fee for copies.
Habitual Offender
Petition for Restoration of Driving Privilege - Habitual Offender
What is needed in addition to the filing fee:
Original plus 3 copies of the petition and all exhibits - DMV records and receipts of paid fines, if any.
Failure to provide the correct number of copies will result in a 50¢ per page fee for copies.
Original of the Order for Evaluation. Complete the top portion only.
You are required to have an interview with ASAP. You will receive the Order for Evaluation in the mail with your date and time to appear in court and ASAP will contact you for an interview before your court date.
RESTORATION OF FIREARM RIGHTS
INFORMATION
The form provided below is a convenience, only for use in the Shenandoah County Circuit Court.
If you choose to represent yourself, it is your responsibility to know the law.