Divorce records in Virginia are generally public court documents, filed in the circuit court where the case was heard and viewable through the courthouse clerk. However, access has real limits: the divorce case file can be sealed under Va. Code § 20-124, sensitive identifiers are removed to a confidential addendum under Va. Code § 20-121.03, and VDH divorce certificates are restricted to eligible parties for 25 years from filing.
Key Facts: Virginia Divorce Records
| Item | Virginia Rule (2026) |
|---|---|
| Are records public? | Yes — circuit court divorce files are public unless sealed |
| Filing fee | $86–$95 total (base $60 clerk fee under § 17.1-275) |
| Waiting/separation period | 6 months (no minor children + agreement) or 12 months |
| Residency requirement | 6 months bona fide residency and domicile (§ 20-97) |
| Grounds | No-fault (separation) or fault-based |
| Property division type | Equitable distribution (§ 20-107.3) |
| VDH certificate public access | Restricted 25 years from filing |
| First certified decree copy | Free to parties (§ 17.1-275) |
Are Divorce Records Public in Virginia?
Divorce records are public in Virginia. Circuit court divorce files are court records open to public inspection unless a judge seals them under Va. Code § 20-124. Any member of the public can view an unsealed file at the clerk's office, though sensitive data like Social Security numbers and account numbers are removed to a confidential addendum under Va. Code § 20-121.03.
Virginia treats court records as presumptively open. A divorce is filed as a civil suit in the circuit court of the county or independent city where either spouse resides, and the resulting file — the complaint, answer, decree, and most exhibits — becomes part of the public record. This means anyone can confirm that a divorce occurred and read the general terms unless the court has ordered otherwise. Two distinct systems govern access. Court files at the circuit court clerk follow the open-records presumption. Separately, the Virginia Department of Health (VDH) maintains divorce certificates, which are short vital records restricted to eligible parties for 25 years from the filing date. Understanding which record you need — the full court file or the VDH certificate — determines who can access it and how much it costs.
What Is the 25-Year Rule for Virginia Divorce Records?
The 25-year restriction applies to VDH divorce certificates, not court files. Under Virginia vital records practice, marriage and divorce certificates held by the Virginia Department of Health become available to the general public 25 years after the filing date. Before 25 years elapse, only the named parties, immediate family members, and legal representatives can obtain a certified copy — currently for $15.00 per copy or search as of July 2026.
This rule is a frequent source of confusion in any divorce records search. The 25-year window does not lock down the underlying circuit court case file — that file follows the separate open-records presumption and is public immediately unless sealed under Va. Code § 20-124. What the 25-year rule restricts is the VDH-issued divorce certificate, a one-page vital record proving the divorce occurred. During those 25 years, eligible requesters are limited to mothers, fathers, spouses, children, brothers, sisters, and grandparents with valid photo identification, plus the parties' attorneys. Aunts, uncles, cousins, in-laws, and unrelated third parties cannot obtain the certificate until the 25-year period expires. VDH certificates cover Virginia divorces from 1918 to the present, and the fee is charged even if no matching record is found. For public divorce filings older than 25 years, anyone may request the certificate, provided the court never sealed the underlying case.
How Do You Search Virginia Divorce Records?
A Virginia divorce records search starts at the circuit court clerk where the case was filed. Many courts participate in the statewide Online Case Information System, letting the public search case status and party names for free. For the full file or certified copies, you must contact the specific circuit court clerk. The first certified copy of a final decree is free to the parties under Va. Code § 17.1-275; additional certified copies cost $2.00 plus $0.50 per page.
Virginia offers several access points for a divorce records search, each with different scope. The Virginia Judiciary Online Case Information System provides statewide case-status lookups, but not every circuit court subscribes — Alexandria and Fairfax notably do not use the statewide system, so you must query those courts directly. To obtain actual documents, you contact the circuit court clerk in the county or independent city where the divorce was granted, because a divorce decree can only be issued by the courthouse that entered it. Fees vary by clerk: certified copies run $2.00 per document plus $0.50 per page, while plain (uncertified) copies cost $0.50 per page. Sheriff service of process, when required, adds roughly $12.00 per document. If you only need proof of marital status rather than the full file, the VDH divorce certificate is the faster route for eligible requesters, though it carries the 25-year public-access restriction described above.
What Divorce Information Is Confidential in Virginia?
Certain identifying information is confidential in every Virginia divorce, even in an otherwise-public file. Under Va. Code § 20-121.03, pleadings, orders, and agreements may not contain Social Security numbers or financial account numbers for assets, liabilities, accounts, or credit cards. That data must be placed in a separate confidential addendum available only to the parties, their attorneys, and persons the court permits.
Virginia law builds privacy into the standard divorce filing regardless of whether a party asks for it. The confidential-addendum rule under Va. Code § 20-121.03 requires the filer to strip sensitive identifiers from any petition, motion, order, or decree before submitting it to the clerk, and to incorporate a separate addendum by reference. The clerk can reject a document recorded as a land record if it does not comply. This protects the most sensitive data — Social Security numbers, bank and credit-card account numbers, and specific policy numbers — from the public divorce filings that anyone may inspect. Records involving minor children carry additional protection. Custody and juvenile matters heard in the juvenile and domestic relations courts fall under Va. Code § 16.1-305, which limits access to parents, attorneys, guardians ad litem, and authorized agencies. Parenting schedules, custody evaluations, and reports about minors are not open to the general public even when the broader divorce file is.
How Do You Seal Divorce Records in Virginia?
To seal divorce records in Virginia, a party must file a motion under Va. Code § 20-124, and the court may order the record — or any agreement filed in it — sealed and withheld from public inspection at its discretion. Once sealed, the file opens only to the parties, their attorneys, and persons the judge decides have a proper interest. Courts do not seal routinely; the movant must justify the request against the public's right of access.
Sealing divorce records is a discretionary remedy, not an automatic right, and Virginia's open-records presumption means judges weigh competing interests. Under the sequestration statute, Va. Code § 20-124, a party moves the court to seal the record, and the judge balances the potential harm of public disclosure against the public interest in transparent court proceedings. Persuasive grounds typically include demonstrable harm to a party or child, exposure of proprietary business information, or the presence of false or defamatory material in the file. General embarrassment usually does not meet the standard. Because the statute leaves sealing to judicial discretion, outcomes vary by judge and jurisdiction, and a motion supported by both parties carries more weight than a contested one. For narrower privacy needs, the confidential-addendum mechanism under Va. Code § 20-121.03 already shields account numbers and Social Security numbers, so full sealing is often unnecessary when the concern is limited to financial identifiers rather than the entire case.
Court File vs. VDH Certificate: Access Comparison
| Feature | Circuit Court File | VDH Divorce Certificate |
|---|---|---|
| Public availability | Immediate, unless sealed | Restricted 25 years from filing |
| Who can access early | Anyone (unsealed file) | Parties, immediate family, attorneys |
| Contains | Full pleadings, decree, agreements | Names, date, place of divorce only |
| First copy cost | Free certified copy to parties | $15.00 per copy or search (2026) |
| Additional copies | $2.00 + $0.50/page (certified) | $15.00 each |
| Issued by | Circuit court clerk | Virginia Department of Health |
| Coverage | Case-specific | Virginia divorces 1918–present |
What Does It Cost to File and Access Records in Virginia?
The base circuit court filing fee for a Virginia divorce is $60 under Va. Code § 17.1-275, of which $10 funds the Courts Technology Fund. After administrative add-ons, total filing costs typically reach $86–$95, varying by county — Fairfax charges about $86 and Fauquier about $84. No fee is charged for filing a counterclaim or responsive pleading in a divorce. As of July 2026. Verify with your local clerk.
Cost matters because accessing and filing divorce records involves several distinct charges. The statutory clerk fee of $60 is fixed by Va. Code § 17.1-275, but courthouses add local administrative costs that push the practical total to $86–$95. Sheriff service of process adds roughly $12 per document served, and credit-card payments incur a 2% convenience fee. Low-income filers can request a waiver using Form CC-1414 if household income is at or below 125% of the federal poverty guidelines — approximately $19,506 annually for a single person in 2026 — reducing the cost to $0–$50 for document expenses only. On the records-access side, the first certified copy of the final decree is free to the parties, additional certified copies run $2.00 plus $0.50 per page, and a VDH divorce certificate costs $15.00 per copy or search effective July 1, 2026, under Chapter 616 of the 2026 Acts of Assembly. Always confirm current amounts with the specific clerk before filing.