Yes and no: divorce records in Virginia are public when they sit in the circuit court’s case file, but the divorce certificate held by the Virginia Department of Health is restricted for 25 years and available only to immediate family during that period. Which answer applies to you depends on which document you actually need.
Two Different Records, Two Different Rules
When a Virginia circuit court grants a divorce, two separate records come into existence. The court generates a case file containing the petition, financial disclosures, motions, any settlement agreement, and the final decree. The clerk then files a report with the State Registrar at the Virginia Department of Health, which issues a short vital record called the divorce certificate.
The case file and the certificate are governed by different statutes and different access rules. Court records maintained by circuit court clerks fall under Titles 16.1 and 17.1 of the Code of Virginia and carry a presumption of openness.1Virginia Judicial System. Requesting Public Records from Clerks of Court Vital records fall under Virginia Code 32.1-271, which makes it unlawful to disclose their contents or issue copies except to authorized people.2Virginia Code Commission. Virginia Code 32.1-271 – Disclosure of Information in Records
So if you want to see the terms of a divorce, including who got what, you go to the court. If you need an official certificate confirming a divorce occurred, you go to Vital Records and must qualify as an eligible family member unless 25 years have passed.
Court Case Files Are Open to the Public
Anyone can request and inspect nonconfidential court records in individual case files by visiting or contacting the clerk of the circuit court where the divorce was finalized.1Virginia Judicial System. Requesting Public Records from Clerks of Court You do not need to be a party to the case. You do not need to show a reason for wanting the file.
A full case file can include the original petition, financial disclosure statements, motions, court orders issued during the proceedings, any settlement agreement filed with the court, and the final decree. The decree itself typically addresses property and debt division, spousal support, child support, and custody and visitation.3Virginia Judicial System Court Self-Help. Divorce
Two limits apply. First, a judge may have sealed all or part of the record. Sealed portions are off-limits to the public. Second, Virginia Code 8.01-420.8 requires parties to redact all but the last four digits of Social Security numbers, driver’s license numbers, and financial account numbers before filing documents.4Virginia Code Commission. Virginia Code 8.01-420.8 – Protection of Confidential Information in Court Files The substance of the case stays visible; the most sensitive personal identifiers should already be stripped.
Divorce Certificates Are Restricted for 25 Years
The divorce certificate held at the Department of Health is a short summary document. It confirms that a divorce was granted and includes the names of the parties, the date, and the location where it was filed. It does not contain the settlement terms.
During the 25 years after a divorce, the Department of Health limits access to immediate family members.5Virginia Department of Health. Office of Vital Records After 25 years, the certificate becomes public and anyone can request a copy, unless a statute, court order, or law enforcement request blocks release.2Virginia Code Commission. Virginia Code 32.1-271 – Disclosure of Information in Records
If you want the detailed terms of someone’s divorce and you are not eligible to request the certificate, the court file is still your route. The 25-year rule applies to the vital record only, not to the underlying case documents at the circuit court.
How to Request Each Record
From the Circuit Court
Contact the clerk of the circuit court in the county or city where the divorce was finalized. Provide the names of both parties, the approximate date of the divorce, and the case number if you have one. Procedures vary by locality, but most clerks accept requests in person or by mail.
Fees are set by Virginia Code 17.1-275: copies run $0.50 per page, with a $2.00 certification fee if you need a certified copy. A party to the divorce pays nothing for the first attested copy of the final order or decree.6Virginia Code Commission. Virginia Code 17.1-275 – Fees Collected by Clerks of Circuit Courts; Generally
From the Department of Health
Eligible family members can order a divorce certificate through the Virginia Department of Health’s Office of Vital Records. The office offers an online application and also accepts requests by mail or in person.7Virginia Department of Health. Online Application for Certification of a Vital Record
Each certified copy costs $12. Online orders are paid by credit card; in-person and mail requests can be paid by check, money order, payment card, mobile pay, or cash.5Virginia Department of Health. Office of Vital Records You will need a legible copy of your government-issued ID along with the names on the certificate, the date of the divorce, and the location where it was granted.
Searching for a Case Online
Virginia’s court system runs an online case information portal that lets the public search civil and criminal cases in participating circuit courts by name, case number, or hearing date, locality by locality.8Virginia Judicial System. Case Status and Information What you get varies. Some courts post detailed docket information; others show only basic case status. The actual documents in a divorce file are almost never available online. To read the decree or any other filing, you will need to contact the clerk’s office or visit in person.
When a Judge Seals the Record
Virginia Code 20-124 lets a court seal a divorce record on a party’s motion. The judge can order the record or any filed agreement withheld from public inspection, and once sealed, only the parties, their attorneys, and anyone the judge decides has a proper interest can see it.9Virginia Code Commission. Virginia Code 20-124 – Sequestration of Record
The statute is written broadly, but Virginia courts expect more than a general preference for privacy. In Shiembob v. Shiembob (2009), the Court of Appeals held that the party seeking to seal must rebut the presumption that court records are open; a father’s concern for his professional reputation was not enough. Sealing is more commonly granted to protect the welfare of children or to shield information like financial account details that could enable identity theft.
Sealing does not have to be total. A judge can issue a partial seal, keeping sensitive portions confidential while leaving the rest of the file open. If a case is sealed, the clerk cannot release the sealed material to a public requester, which is one reason some searches at the courthouse come back with less than expected.