Are Virginia Divorce Records Public Records?
Divorce records are generally open to the public, per the Virginia Freedom of Information Act (FOIA) § 2.2-3700 and Virginia Public Records Act § 42.1-76. However, any sensitive information on these records may be redacted, or the records could be sealed in their entirety. Eligible persons can obtain copies of Virginia divorce records by contacting the Office of Vital Records of the VDH or the Circuit Court Clerk’s Office in the courthouse where the divorce case was heard and finalized. Only the involved parties can access divorce records from Vital Records, as these contain more detailed information and judgments than certified copies from the court clerk’s office. After 25 years, records that are held in the Vital Records Office are considered to be public.
How to Obtain Virginia Divorce Records
Divorce documents for divorces that have been finalized in the last 25 years are available at the Circuit Court Clerk's office in the county where the divorce was heard and completed. The Virginia Judicial System website provides a list of all the counties and links to their circuit court’s website homepage, where the contact information is made available.
It may also be possible to visit the circuit court website and find an online portal to access divorce records, but this is not always available. There are several other ways to search divorce records in Virginia. It should always be possible to submit requests for divorce records by mail or in person if the correct request forms and fees are included. Fees vary depending on the county, and all county clerk’s offices charge different prices for certified and uncertified copies of divorce records.
Divorce cases finalized over 25 years ago are available through the Virginia Department of Health Division of Vital Records. Call them by phone at (804) 662-6200 or visit the Virginia Division of Vital Records at:
2001 Maywill Street,
Suite 101
Richmond, VA 23230
Government public record search portals and some third-party public record websites may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
Understanding Divorce Certificates in Virginia
Divorce certificates serve the purpose of proving a divorce has occurred so that either of the persons involved in the divorce can obtain marriage certificates to get remarried or change their name. This type of record holds very basic information, including the names of the parties, along with the date and location of the divorce. It is the most frequently solicited of the three forms. Other types of divorce records are used to store more important information, such as the divorce agreement. Furthermore, a divorce certificate can only be created after divorce papers have been served, filed, and approved by a divorce court.
Understanding Divorce Decrees in Virginia
A divorce decree includes detailed information about a divorce, such as the final judgments and agreements pertaining to the terms of a divorce. These agreements typically include allotment of property and alimony payments. If children are involved, the divorce decree also lists information regarding custody arrangements and child support. The presiding judge signs this record, and a case number is given. It is most often requested by the two parties involved when they wish to alter the listed agreements in some way. Besides a divorce decree, the divorce petition may also contain details of divorce agreements. The grounds for the divorce and the divorce summons are detailed in the divorce papers.
A divorce decree is often made more widely available to members of the public. In Virginia, it is available to residents of the state as long as a request form and fee are provided. State residents may opt to obtain a divorce decree online through the VDH online application form or in person at a local health department.
How to Find Public Divorce Records Online
Interested persons can search divorce records in Virginia online through the Virginia Judicial System website, where interested parties can find general case information pertaining to circuit court cases. The website lists every circuit court in Virginia besides two: the Alexandria and Fairfax circuit courts. Find the Virginia Courts Case Information webpage and determine which county court the case took place in by using the dropdown menu. It then asks the requesting party to provide the name of one of the parties involved in the divorce, the case number associated with it, and the date of the hearing.
Can Virginia Divorce Records Be Sealed?
In order to seal a Virginia divorce record, the state requires that both parties involved agree to this and produce a sufficient reason for doing so. If the judge agrees that there is a possibility that leaving certain details open to the public could cause harm to individuals, then they may agree to seal them for privacy reasons. It is likely that divorce records that include details about the identities of minors or private financial information will be partly redacted or completely sealed if both parties agree. In cases that state any information regarding domestic violence, abuse, mental illness, or addiction, the parties may also request the sealing of divorce records.
Which Court Handles Divorce Cases in Virginia?
In Virginia, divorce falls under the purview of Family law, which is handled by the Virginia Circuit Courts. The circuit court is the highest trial court that handles civil cases with claims of between $4,500 and $25,000. Circuit courts handle criminal and civil cases, from felonies to divorce cases. Virginia possesses 120 courts divided among 31 judicial circuits. Take a look at the Circuit Courts Informational Pamphlet supplied by the Virginia Courts website for more information.
The Circuit Courts have jurisdiction over cases that involve:
- Monetary disputes not more than $25,000
- Divorce cases
- Property disagreements
- Adoption proceedings
- Trusts, wills, and other estate cases
How to Find Out if Someone is Divorced in Virginia
Publicly available divorce records are also managed and disseminated by some third-party aggregate sites. These sites are generally not limited by geographical record availability and may serve as a reliable jump-off point when researching specific or multiple records. However, third-party sites are not government-sponsored. As such, record availability may differ from official channels. The requesting party will be required to provide the following information to find a record using the search engines on third-party sites:
- The location of the record in question, including the city, county, or state where the case was filed.
- The name of someone involved, provided it is not a juvenile.
How to Get a Divorce in Virginia
To be eligible to get a divorce in Virginia, one of the married parties must have been a resident of Virginia for six months at least before filing. Unlike many other states, in Virginia, a divorce can either be “fault” or “no-fault”.
A "fault" divorce is one in which one of the parties to a marriage serves the other with divorce papers for a specific reason (fault-based grounds). The grounds for filing for divorce are few, but they include adultery, felony conviction, incarceration, and abandonment. These grounds need to be proved beyond doubt, which can prove difficult. A "no-fault" divorce, commonly referred to as an "uncontested divorce," is one in which both parties consent to the divorce without placing blame on the other. An uncontested divorce is the least expensive of the two types of divorce in Virginia. To get a “no-fault” divorce, it is necessary to have been separated for one year before filing. Without minor children, it is only necessary to have been separated for six months.
Parties always have the right to refuse to hire an attorney, but they will be responsible for representing their own case. As divorce cases can be very complicated, it is suggested that both parties hire an attorney to represent them. When a party decides to waive their right to an attorney during their divorce proceedings, this is known as Pro Se Divorce. The Virginia Commonwealth worked together with the Fairfax Bar Association to provide a guide for filing for divorce without a lawyer.
Does Virginia Recognize Common-Law Marriage?
Virginia recognizes common-law marriages formed in another state as long as the union complies with the legal requirements of the originating state. Common law marriages are arrangements in which a couple who live together parade themselves as married with no formal ceremony or license. In some states in the US, a couple can get marital rights on the basis of cohabitation over a protracted period. However, Virginia does not recognize such an arrangement as a marriage. No marital rights or responsibilities are conferred on the couple in Virginia. It also follows that such arrangements are not recognized in Virginia. A couple seeking to end such a relationship does not need legal action (like marriage dissolution) if the relationship was formed in Virginia.
