Virginia Divorce Records

In Virginia, divorce records comprise documents detailing the official termination of marriages by state courts, including divorce case files, certificates, and decrees. Divorce records in Virginia are generally public under the Virginia Public Records Act, but access is restricted to the individuals named in the record and their attorneys for 25 years following the finalization of the divorce. Post this period, records become publicly accessible unless sealed by the court for privacy reasons.

Virginia allows both no-fault and fault-based divorces. Grounds for no-fault divorces include living separately for a specified period, while fault-based grounds include adultery, desertion, cruelty, and felony convictions.

The divorce rate in Virginia was 2.9 per 1,000 residents in 2022, slightly below the national average. The state has seen a decline in divorce rates over the past decade, with the highest rates in cities like Marion, Buena Vista, Vinton, Wytheville, and Covington.

To access divorce records, you can visit the Virginia Department of Health's Office of Vital Records in person or apply by mail. Online requests can be made through the Vital Records application portal or third-party vendors like VitalChek, offering expedited processing. Additionally, divorce case files can be accessed through individual Circuit Court websites or third-party sites for a fee.

What are Divorce Records?

Divorce records in Virginia contain details about the official termination of a marriage by courts in the state. You can find divorce records in the state in the form of divorce case files, divorce certificates, and divorce decrees. The Vital Records Division of the state’s Department of Health and the Clerk of the Circuit Courts where divorces are finalized maintain records of divorces in Virginia. Keeping divorce records allows the Virginia government to monitor marriage and divorce trends while serving as a legal record for divorced parties.

Are Divorce Records Public in Virginia?

Divorce matters are handled in the state Circuit Courts, and information generated by such legal actions is considered public under the Virginia Public Records Act and the Freedom of Information Act (FOIA). However, only eligible parties, such as the individuals named on the record and their attorneys, can access a divorce record until 25 years after the divorce is finalized. After that, a divorce record becomes accessible to the public unless sealed under Virginia law.

Either party in a divorce can request the sealing of their divorce record to make it inaccessible to the public. While convincing Virginia courts to seal entire court records may be challenging, some portions may be more easily closed by the court to the public. If a divorcing party is able to prove to the court that maintaining a divorce record in public view would cause harm to their family, themselves, or another legitimate party, the court may order the sealing of a record. For instance, a Virginia court may seal portions of a divorce record if keeping it open to the public would cause harm to a victim of domestic abuse.

Divorce Stats and Rates in Virginia

According to the National Statistics System of the Center for Disease Control, Virginia's divorce rate in 2022 was 2.9 per 1,000 residents, slightly below the national average of 3.2 per 1,000. The state has seen a decline in divorce rates over the past decade, reflecting national trends of decreasing divorce rates. The cities with the highest divorce rates in Virginia are Marion, Buena Vista, Vinton, Wytheville, and Covington.

Grounds for Divorce in Virginia

Virginia recognizes no-fault and at-fault divorce grounds for parties seeking to dissolve their marriage. The state permits two types of divorce: a divorce from bed and board and a divorce from the bonds of matrimony. A divorce from bed and board means that both spouses are legally separated but are not allowed to remarry. When a Virginia court grants a divorce from the bonds of matrimony, the divorce is considered absolute and allows either party to remarry if they wish to do so.

Virginia allows the following grounds for a bed and board divorce:

Willful desertion or abandonment
Cruelty and reasonable apprehension of bodily harm

The permitted grounds for a divorce from the bonds of matrimony in the state are:

Living separate and apart for 12 months, or six months where no children are involved in the divorce and the parties entered into a Property Settlement Agreement
Adultery
Buggery or sodomy
Conviction of a felony
Willful desertion or abandonment after a 12-month period
Cruelty and reasonable apprehension of bodily harm after 12 months from the date of the cruel acts

How to File for Divorce in Virginia

Establishing legal residence in Virginia is an important step in filing for divorce in the state. Virginia requires that anyone filing for a dissolution of their marriage must meet the state's residency requirement. This requirement mandates that either party in a divorce case must be a Virginia resident for at least six months before the divorce filing. If there are no children from the marriage, both spouses must be separated for at least six months and have a written property settlement agreement prior to the divorce filing. If children exist in the marriage, the separation period is at least one year before the divorce filing.

Upon meeting the residency requirement, follow these steps to file for divorce:

Complete the necessary forms: You must complete several forms to file a divorce complaint in Virginia. These forms include the Complaint for Divorce, Coversheet, and Summons, all available on the Virginia courts' website.
File the completed forms with the court: Submit all completed forms to the Clerk of the Circuit Court in the county where you or your spouse live. After filing the papers, you must pay the applicable filing fee or request a waiver if indigent.
Serve the paperwork on the defendant: After filing the divorce papers, you must serve a copy of the documents on your spouse. The sheriff's office or private process servers may perform paperwork service.
Response to the petition: Your spouse has the opportunity to respond to the petition by denying or admitting to the allegations in the divorce complaint. Alternatively, your spouse may file a counterclaim, making their own allegations against you.
Temporary orders: In some instances, such as those involving child support, spousal support, and child custody, a temporary order, also called a pendente lite order, may be required. These orders outline each spouse's responsibilities until the divorce is finalized.
Discovery and negotiation: In this phase of the process, both spouses exchange information related to debts, income, marital assets, and other relevant details to give both spouses a rounded understanding of the financial aspects of the divorce. This phase may involve depositions, interrogations, and mediation.
Court hearings: If you and your spouse cannot reach an agreement via negotiation or mediation, both parties will proceed to court hearings, where a judge will listen to both sides of the matter and make decisions on contested issues.
Finalization: This is the last stage of the divorce process, where the judge, potentially after multiple hearings, makes a final determination on the divorce by issuing a decree of final judgment. The decree addresses matters such as alimony arrangements, division of assets and debts, child custody, child support, and other matters in a legally binding document on you and your spouse.

Virginia Divorce Decree

A final decree of divorce in Virginia is a comprehensive document capturing the court's final judgment on a divorce case and outlining the settlement terms. It includes important information, such as the names of the divorcing parties and the date and location where the divorce was finalized. Unlike a divorce certificate, which only provides basic information, a Virginia divorce decree includes specifics detailing child support arrangements, spousal support, property division, visitation rights, and any name changes. This document ensures that all aspects of a divorce are clearly articulated and legally binding on the concerned parties.

How to Find and Access Virginia Divorce Records

Divorce records from 1918 to date can be obtained from the Virginia Department of Health's Office of Vital Records. If you are not a party to the divorce, you can only access a divorce record 25 years after the divorce has been finalized. Divorce records are also available from the Clerk of the Circuit Court, where the final judgment was issued.

You can access Virginia divorce records in the following ways:

Offline Access

You can obtain a divorce record from the Office of Vital Records by visiting the office's customer service lobby at 2001 Maywill Street, Suite #101 Richmond, between 7:00 a.m. and 4:30 p.m., Monday through Friday.

Alternatively, you may drop off a completed application for a divorce record at the front desk of the Office of Vital Records. The divorce record, when available, may be mailed by Post Office mail to a specific address provided by the requester, or the requester may be informed by phone to pick up the divorce certificate when ready. The request submitted by the applicant must include:

Requester’s signature
A legible photocopy of the requester's ID
A fee of $12 for each requested copy by money order, check, mobile pay, payment card, or cash. Checks and money orders must be completed, signed, and made payable to the State Health Department

If you prefer to apply by mail, submit the completed application and the check or money order for the appropriate fee to:

Office of Vital Records

P. O. Box 1000

Richmond, VA 23218-1000

Note that expedited processing is available for walk-in requests, and same-day processing is available at certain Office of Vital Records locations.

Online Access

The Office of Vital Records allows the public to request a divorce record via its Vital Records application portal. You must pay a $12 fee with a credit card and upload the appropriate ID. It may take up to three weeks for you to get a response. Alternatively, the Office of Vital Records offers expedited processing of divorce record requests through VitalChek, an authorized third-party vendor.

You can search for Virginia divorce records online via the Virginia court's websites. The state's Judicial System provides a link to the websites of individual Circuit Courts in the state. From these websites, you can access divorce case files for divorces finalized in the Circuit Courts in the state. Some third-party websites also make divorce records available, allowing requesters to perform an online search for a fee.

References

Counties in Virginia

List of Content

What are Divorce Records?
Are Divorce Records Public in Virginia?
Divorce Stats and Rates in Virginia
Grounds for Divorce in Virginia
How to File for Divorce in Virginia
Virginia Divorce Decree
How to Find and Access Virginia Divorce Records
1. Offline Access
2. Online Access