Are divorce records public in Virginia? Divorce records are official documents created when a marriage legally ends, detailing information such as the names of the parties, dates, custody agreements, and settlement terms.
In Virginia, access to these records varies depending on the type of record and your connection to the individuals involved. Some records are open to the public, while others may be restricted or require permission to view. Understanding how Virginia handles divorce records and the process for obtaining them can help you know what to expect and how to proceed if you need a copy.
In this guide, we will cover who can access divorce records in Virginia, the different types of records available, how to request them, and the options for protecting your own records.
Are Divorce Records Public in Virginia?
Most states in the U.S. uphold the right to access public information, and Virginia is no exception with its Freedom of Information Act. This law states that most government records are available to the public upon request. However, certain records may be sealed or kept confidential depending on the circumstances. As a result, divorce records in Virginia are generally considered public records.
That said, there are restrictions based on the age of the divorce records.
In Virginia, if a divorce occurred within the last 25 years, the records can only be requested by the legal parties involved and their close family members. These records are not available to the general public.
Why Would You Need Divorce Records in Virginia?
People may request divorce records for a variety of reasons. Beyond legal name changes, these records can be used for purposes such as:
- Remarriage
- Estate planning
- Child custody
- Support disputes
- Immigration processes
- Insurance and pension claims
- Receiving benefits
- Tracing family history
- Supporting evidence in related court cases
Who Can Obtain Divorce Records in Virginia?
Divorce records are confidential. The following individuals are eligible to access them:
- Parties named in the records
- Their immediate family members
- Attorneys
Extended family members of the registrant, such as uncles, aunts, cousins, and in-laws, are not authorized to request divorce records. Similarly, friends or significant others do not have permission to obtain these records.
If a family member needs a copy of the divorce record, they must provide valid identification to verify their relationship with the individuals named in the records. Virginia law strictly prohibits issuing divorce records or any other vital records to anyone who is not authorized.
However, once 25 years have passed since the divorce, all divorce records become available to the public unless they have been sealed by the court. At that point, anyone can access these records.
What Are the Different Types of Divorce Records?
Divorce records generally fall into three categories: the divorce certificate, divorce decree, and full case minutes. Each type serves a specific purpose, and the record you need will depend on whether your intent is legal or informational.
- Divorce Certificate: This document provides official confirmation that a divorce has taken place. It usually includes basic information such as the names of the parties involved, the date of the divorce, and the location where it was finalized. Divorce certificates are mainly used for informational purposes and are less detailed when it comes to legal matters.
- Divorce Decree: A divorce decree is a legal document that outlines the court’s final judgment regarding the divorce. It includes details about custodial arrangements, alimony, child support, and other terms ordered by the court. The decree serves as legal proof of these terms and can be used to enforce or challenge compliance if necessary.
- Case Files/Case Minutes: These records include all documents filed throughout the divorce proceedings, such as petitions, motions, summons, and other related paperwork. Case files provide a comprehensive record of the entire legal process leading to the final judgment.
How Can I Get Divorce Records in Virginia?
In Virginia, divorce records can be requested by mail or in person. Some government agencies and organizations also provide online access to these records. You can also search for divorce records through third-party websites and databases available on the internet.
However, both marriage and divorce records are highly confidential as they contain sensitive personal information. There is no guarantee that you will be able to obtain the records you are looking for.
In Virginia, there are two main locations where you can formally request divorce records:
- the Office of Vital Records of the Virginia Department of Health.
- the clerk’s office of the circuit court where you finalized the divorce.
1. Office of Vital Records
The State Office of Vital Records issues divorce certificates only to people who are authorized to receive them, typically the principal parties involved in the divorce case. The Office maintains records of divorces dating back to 1918 and continuing to the present day.
2. Circuit Court Clerk’s Office
There are many reasons why someone might want to obtain divorce records. One common reason is to facilitate a legal name change. In such cases, the primary purpose of obtaining the record is informational rather than for detailed legal matters. In that case, a more comprehensive record is not necessary. The copies of divorce records provided by the Clerk’s office contain less detailed information compared to those available from the Office of Vital Records.
3. Divorce Attorney Records
If you were one of the principal parties involved in the divorce, you can ask your lawyer or your ex-spouse’s lawyer to get a copy of the divorce record for you. They might charge a small fee, but this is usually the quickest and most reliable way to get the record.
4. Third Party Organizations
Requesting a record can be a hassle and take a lot of effort. Most of the time you won’t even know if you’ll get the information you need, even after paying the fee. Government processes are known for being slow. A simple request can take 5 to 7 business days just to get approved, and that’s before they even produce a full copy.
Using a reverse people lookup tool like PublicRecord.com can make this easier. All you need is the person’s first and last name. Just enter it into the search tool and the system will search through various public federal and state records, plus other databases, to give you a detailed report.
If you’re not sure about the name, you can also use their phone number or address to start the search. Everything you find on PublicRecord.com comes from public databases, so it’s completely legal.
Are Virginia Divorce Records Available Online?
The Virginia Vital Records Office has an online application form for ordering a divorce certificate.
You’ll need to fill out details like the name of the person on the record, the date and place of the divorce, your relationship to that person, the reason you want the record, plus your contact address and phone number.
However, you can’t submit this form online. You have to print it out, sign it, and then either mail it in or deliver it in person. Each certified copy costs a small fee, and you’ll need to show a valid ID to complete the process.
This isn’t the case everywhere in Virginia. Some counties, like Fairfax, have their own online portals where you can request divorce records directly. It’s worth checking if your county offers this option.
How Do I Protect My Divorce Records in Virginia?
Divorce records can be sealed if the court officials find the reason for sealing to be valid and justifiable. Examples of such reasons include:
- Proof that the information in the records could be used to harm the person requesting the seal.
- Cases involving child protection, abuse, or any situation where harm may occur.
- Privileged information or important documents containing business secrets or other sensitive details.
- Any information that is false or inaccurate.
According to Virginia State Code, you can file a motion to seal records either during the divorce proceedings or after the divorce has been finalized.
If the court approves the motion, the records will remain sealed and inaccessible to the public even after 25 years have passed since the case was closed. However, the sealed divorce record can still be accessed by the parties named in the record, their attorneys, and any other person the judge permits at their discretion.
So Are Divorce Records Public in Virginia?
To obtain a divorce in Virginia, either you or your spouse must have been a resident of the state for at least six months. You can choose to end your marriage through either divorce or annulment depending on your situation. It’s a good idea to run a quick search to understand the grounds for divorce in Virginia before proceeding.
Virginia makes it fairly simple to access divorce records if you know the right steps. While you will need to invest some money and be prepared to wait for a reasonable amount of time, obtaining the records you need should not be a major challenge. Unless the record is less than 25 years old or has been sealed, you should be able to get your documents without much difficulty.
