How are Divorce Records Generated in Virginia?

Virginia Divorce Records are documents that prove and give details of divorces granted between erstwhile married couples. There are 8.1 divorces for every 1,000 women over 15 years of age.

Generally, marriages may be dissolved through divorce or annulment. An annulment means making a marriage contracted against the laid-out statutes void. A marriage may also be annulled if any of the parties lacked the capacity to give consent or if the marriage is prohibited in accordance with § 20–38.1 of the Code of Virginia.

If the marriage was legally contracted, it can be dissolved through divorce. There were nine grounds of divorce in Virginia. 5 were repealed, bringing the tally to four according to the Code of Virginia § 20–91. These grounds are:

• Adultery
• Conviction or imprisonment of a spouse for more than one year for a felony
• Cruelty or inhuman treatment
• Prolonged separation between the couple

There are three types of divorces obtainable in the State of Virginia, which are:

• Uncontested
• Contested
• No-fault

An uncontested divorce occurs when the parties agree to the settlement terms without needing a trial. However, the parties must sign the Divorce Agreement, which a court will issue with commensurate jurisdiction. A typical uncontested divorce would take about two to three months to finalize.

On the other hand, a contested divorce is one in which the parties disagree over one or more issues regarding the divorce settlement. The divorce would have to be finalized in court following a court proceeding. In this case, the application for divorce must be based on one or more of the grounds of divorce listed earlier. Such divorces may take as long as eighteen months to be finalized.

For a no-fault divorce, the parties do not have to cite any listed grounds for divorce. However, the couple must have lived apart for at least one year. If there are no minor children in the marriage and the couple had earlier signed a separation agreement, either of them may file for a divorce after staying apart for only six months. This divorce also must be granted by a competent court.

In keeping with § 32.1–268, the Clerk of Circuit Court where the divorce was finalized is to certify and file the final divorce decree and annulment of marriage with the State Registrar.

Are Divorce Records Public in Virginia?

Pursuant to the Virginia Code § 32.1–271, all divorce records are not public records. This means the records are not open to the general public. These records may only be obtained by the parties named in the records, their immediate family members, or attorneys. Immediate family members refer to the registrants' parents, wife, husband, child, sister, brother, and grandparents.

Extended family members of the registrant, such as uncles, aunts, cousins, and in-laws, are not authorized to request the divorce records. Eligible family members must present a valid ID to prove their relationship with the registrants.

Virginia Code § 2.2–3700 through 2.2–3714 makes it unlawful for anyone to issue a divorce record and any other vital record to an unauthorized person. However, divorce records automatically become public records 25 years after the divorce is granted.

What are the types of Divorce Records available in Virginia?

In Virginia, there are three divorce records: divorce certificates, final divorce decrees, and divorce case files.

A divorce certificate is a document that proves that a divorce was granted to two parties by a competent court in Virginia. It contains the names of the two parties involved in the divorce, the date of the divorce, and where it was finalized. This record may be obtained from the Vital Records Division of the Virginia Department of Health.

Final divorce decrees are documents that capture the final divorce judgment given by a court and the terms of a divorce settlement. They also bear the names of the parties to the divorce, when it was finalized, and where it was finalized.

However, unlike the divorce certificate, the final decree of divorce contains other details such as child support, spousal support, change of name information, property division, visitations, etc. The Clerk of Circuit Court keeps and issues this record and divorce case files.

On the other hand, the divorce case files contain all the documents filed during the divorce proceeding, leading to the eventual final judgment. They include papers, summons, motions, etc.

How Do I Get Divorce Records in Virginia?

In Virginia, divorce records may be obtained via mail or in person. The exact mode of retrieval depends on the particular record under consideration. The State Office of Vital Records issues divorce certificates to authorized members of the public and has records of divorces from 1918 to the present.

There are two ways to submit a request for a certified copy of a divorce certificate: walk-in and mail-in requests. However, both of them start with an online application form. To order a certified copy of a divorce certificate, fill out the divorce certificate online application form.

Some fields include the registrant's name, date of divorce, place of divorce, the requester's relationship to the registrant, the reason for the request, contact address, and phone number of the requester. When all necessary fields have been completed, please print the form and sign it.

The Office of Vital Records charges a fee of $12 for each certified copy of a divorce certificate. The fee must be a signed check or money order payable to the State Health Department. In addition to the signed application, the requester must provide a valid government-issued ID and the applicable fee.

For mail-in requests, send the signed form, the applicable fee, and a copy of a valid government-issued ID to:

Office of Vital Records
P.O. Box 1000
Richmond, Virginia 23218–1000
Phone: (804) 662–6200

Typically, a mail-in request takes two to four weeks to be processed. To obtain a divorce certificate in person, visit the Office of Vital Records or any of these Thomas Jefferson Health District Offices:

Charlottesville/Albemarle Health Department (Entrance #3)
1138 Rose Hill Drive
Charlottesville, VA 22903
Phone: (434) 972–6200

Fluvanna County Health Department
Route 15, County Office Building
Palmyra, VA 22963
Phone: (434) 591–1965

Greene County Health Department
50 Stanard Street
Stanardsville, VA 22973
Phone: (434) 985–2262

Louisa County Environmental Health Department
1 Woolfolk Avenue
Louisa, VA 23093
Phone: (540) 967–3707

Nelson County Health Department
4038 Thomas Nelson Highway
Arrington, VA 22922
(434) 263–4297

However, the means of obtaining a final divorce decree are quite different. The Clerk of the Circuit Court maintains a final decree of divorce where the divorce was finalized. The requester should contact the Clerk of Circuit Court to obtain this record.

For some counties, such as Fairfax County, requesters would send a letter containing the case number, year of divorce, and the parties' full names.

The letter would be sent to the Clerk of Circuit Court with a self-stamped envelope and the appropriate fee. However, this procedure is not the same for other counties. Some counties have an application form that requesters complete and submit by mail or in person.

A final divorce decree is confidential and may only be issued to the parties named on the record. Virginia Code § 17.1–275 states that the first certified copy ordered is free.

The cost of additional copies varies according to the county where the divorce was granted. Some Clerks of Circuit Courts impose extra fees for obtaining such records, which makes the fees differ across counties.

While divorce and marriage records may be searched through government sources and organizations, their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these entities are not government-sponsored; therefore, record availability may vary further.

Also note that marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Hence, these factors determine the availability of any type of marriage or divorce record.

Who Can Obtain Divorce Records in Virginia?

Divorce records are confidential; as such, they may only be obtained by the parties named on the records, their immediate family members, and legal representatives. Immediate family members refer to only the parents, grandparents, siblings, and spouses of the parties named on the record.

However, after the first 25 years of the divorce have elapsed, anyone may request the divorce record as long as it was not sealed.

Are Virginia Divorce Records available online?

The Virginia Vital Records Office has an online application system that allows requesters to complete a divorce certificate application form. However, this form cannot be submitted online. It must be printed, signed, and submitted in person or by mail.

Some counties, such as Fairfax County, have an online portal for requesting divorce records under the management of the county's Clerk of Circuit Court. This portal can be used to obtain a final decree of divorce and case files.

How Do I Seal My Divorce Records in Virginia?

Divorce records may be sealed by filing an appropriate motion or suit under Virginia Code § 20–124. This motion is typically filed during the divorce proceeding or after it has been finalized. This means that the record will not be open to public access even after the first 25 years of the case have elapsed.

However, a sealed divorce record is still accessible to the parties named on the record, their legal representatives, and any other person the judge allows based on their discretion. When filing this motion or suit, the parties' attorneys are expected to give the court a good reason to oblige the request. Common reasons for a court to seal a divorce record:

• Proof that harm was done to the individual seeking a seal
• Guarantee of children's protection in any case of harm
• Privileged information and important documents containing trading secrets or other sensitive information
• Any untrue information