Virginia Divorce Records

Virginia law recognizes no-fault and fault divorces. In a no-fault divorce, the spouse filing for divorce does not have to show or prove that the other party has done anything wrong; however, they must prove that they have lived separate and apart for at least one year. On the other hand, for a fault divorce, there must be evidence of wrongdoing on the part of one spouse. Fault divorces are typically granted on specific grounds, such as adultery, cruelty, or a felony conviction.

On average, divorces in Virginia cost approximately $11,584 per person, higher than the national average of $9,969. However, the actual financial implications of getting a divorce in the state vary by case and are mostly determined by factors like attorney fees, court costs, mediation expenses, and the overall complexity of the divorce proceedings. According to recent data published by the National Center for Health Statistics, Virginia has a divorce rate of 2.7 divorces per 1,000, also higher than the national average is 2.4 per 1,000.

Are Divorce Records Public in Virginia?

In Virginia, divorce records are not readily accessible to the general public. Per Section 32.1-271 of the Code of Virginia, access to these records is restricted for the first 25 years, beginning from when the divorce was granted. Before this 25-year mark, the divorce record may only be accessed by the parties named on the record, their immediate family, and other authorized parties (usually with a court order).

What Is Included in Virginia's Divorce Records?

Virginia divorce records collectively refer to documents that detail divorce proceedings initialized and granted in the state. There are two primary types of Virginia divorce records:

• Divorce Decrees: These are court documents that finalize the divorce. Divorce decrees typically contain detailed information on the divorce case, including child support, custody, visitation, spousal support, property division, and more. These records are typically maintained at the courthouse where the divorce was granted.
• Divorce Certificates: These are official documents that serve as legal proof of the divorce. Divorce certificates typically list the names of both parties (the divorcing couple), the date of the divorce, and the place of the divorce. These records are maintained at the state level by the Virginia Department of Health.

How Do I Find Virginia Divorce Records?

Certified copies of Virginia divorce records are often required for several legal purposes, such as:

• Official proof of a person's divorce status, especially for individuals who wish to get remarried
• To modify a custody arrangement or other similar court orders
• To update personal records
• To update wills, trusts, and other legal documents
• To change beneficiaries or update marital status with banks, insurance companies, and other financial institutions

Eligible parties may access certified copies of these records through the court that handled the case (for divorce decrees) or the Virginia Department of Health (for divorce certificates).

Look Up Virginia Divorce Certificate

Per Virginia law, only the parties named on the record and their immediate family (current spouse, parents, siblings, children, and grandparents) may access Virginia divorce certificates less than 25 years old. Eligible parties may obtain certified copies of these documents by submitting a request to the Virginia Department of Health, either online or in person at any of the department's vital record walk-in locations. Requesters will typically need to provide details like the names on the record, the date and location of the divorce, and a valid ID. There is a non-refundable $12 fee per request, which covers the cost of a record search and/or one certified copy of the requested record (note that additional fees may apply depending on your payment method).

Inquiries may be directed to the Department of Health's Office of Vital Records at (804) 662-6200.

Look Up Virginia Divorce Decree

Virginia divorce decrees are kept locally at the court where the case was handled, and certified copies of these documents may be accessed by taking these general steps:

• Determine the specific court where the divorce was filed.
• Contact the court clerk and submit a formal request. Depending on the court, you may need to visit the courthouse in person or submit the request online or via mail.
• Provide information about the divorce case, such as the names of the parties involved and the approximate date of the divorce, as well as a valid ID. Note that you may also be required to demonstrate your interest and eligibility to access the record.
• Pay the stipulated search and/or copy fees. These vary by court and may range from $2 to $10 per page. Some counties also offer the first certified copy of the divorce decree at no cost to the parties involved.

Look Up Virginia Divorce Court Records

Virginia divorce court records comprise a comprehensive set of documents filed with or generated by the court throughout the divorce proceedings. They include pleadings, motions, court orders, and the divorce decree. Interested parties may access copies of these documents by contacting the court that handled the case. You will typically be required to complete a request form providing a clear explanation about the scope of records needed, submit a valid ID, and pay any stipulated fees.

Be aware that access to Virginia divorce records is generally restricted for the first 25 years. However, certain orders and non-confidential pleadings, such as the initial complaint and counterclaims, may be open to the public.

Can You Seal Divorce Records in Virginia?

Virginia divorce records are deemed confidential under state law for the first 25 years, and thus, may not be accessed by the general public during this period. Nonetheless, you may petition the court to "sequester" your divorce record; doing this seals the record (or specific portions of the record) beyond the 25-year timeline. Divorce records are commonly sealed for safety and privacy concerns, such as protecting information on minors and abuse victims and shielding sensitive financial and/or personal information.

To seal a divorce record in Virginia, you must file a motion with the court that originally handled the case; this motion should include a justifiable reason for the request and any necessary supporting evidence. The court will typically review the motion through a formal hearing, where you may be required to demonstrate your case before a judge, who will ultimately decide on whether to seal the records or deny the request.

How Long Does a Divorce Take in Virginia?

The duration of a divorce proceeding in Virginia is determined by several factors, primarily whether the divorce is uncontested or contested. The state does not impose a mandatory waiting period after papers have been served before the court may finalize the divorce and issue a final judgment (divorce decree). Nevertheless, for uncontested divorces (where the couple agrees on core issues, such as asset division, custody, and support), divorces are typically finalized within 6 - 8 months, depending on the court's schedule and workload. For contested divorces, proceedings may take up to 12 months or more.

Does Virginia Require Separation Before Divorce?

Per Section 20-91(9) of the Code of Virginia, couples who wish to file a no-fault divorce must have "lived separate and apart without any cohabitation and without interruption" for one year. However, in situations where the couple has signed a separation agreement and there are no minor children involved, the separation period may be reduced to six months.

How Are Assets Split in a Virginia Divorce?

Section 20-107.3 of the Code of Virginia provides for the equitable distribution of marital property and debt between divorcing couples. This means that all assets and liabilities acquired by either or both parties during their marriage will be distributed between them fairly, but not necessarily equally. When deciding on this property division, the court will typically take certain key considerations into account. These include:

• Each party's monetary and non-monetary contributions to the marriage
• The duration of the marriage
• Each party's age, physical health, and mental condition
• The circumstances surrounding the divorce
• The tax consequences to each party
• Whether either party used the marital property for personal, non-marital purposes or wasted marital funds, especially if this was done in anticipation of the divorce

Who Gets Custody of a Child in Divorce in Virginia?

Child custody decisions in Virginia are guided by the "best interests of the child". While historical trends typically showed biases toward awarding custody to fathers, modern Virginia child custody laws strive to deliver an impartial evaluation that prioritizes the welfare and emotional stability of the child. To this end, it is estimated that divorcing fathers in Virginia are likely to get up to 50% of parenting time, significantly higher than the national average of 35%.

There are two primary types of child custody in Virginia:

• Legal Custody: This refers to the authority to make important decisions regarding the child's education, health care, and general welfare. Parents may be awarded joint legal custody, where they are both responsible for making decisions about the child's welfare, or sole legal custody, where one parent has the ultimate responsibility of making these decisions.
• Physical Custody: This determines the child's primary residence. Physical custody may also be sole, where the child lives with one parent most of the time, while the other may have visitation rights (parenting time), or shared, where the child splits time between both parents, typically in a way that ensures continued, meaningful interaction with each of them.