Virginia
Virginia Marriage and Divorce Records: How to Get a Copy (2026)
Independently fact-checked against primary sources (last audited August 4, 2026). · Law checked current as of August 8, 2026. · 6 primary sources cited on this page. How we verify our legal content

Virginia treats a marriage or divorce record as restricted for 25 years and public after that. Code of Virginia § 32.1-271 releases the state's marriage, divorce, and annulment records to the public once 25 years have elapsed, while the divorce case file at the circuit court is a separate layer that § 17.1-208 already opens to any person.
Information last verified on 2026-08-04. This article has not yet been reviewed by a licensed lawyer.
This article covers Virginia records only. It explains how to get a copy of a record, not how to get divorced. For the substantive law on grounds, waiting periods, and property division, see Virginia divorce laws.
Who Holds Virginia Marriage and Divorce Records
Virginia runs a two-layer system, and knowing which layer you need saves the most time.
The Office of Vital Records at the Virginia Department of Health, in Richmond, issues certified copies of the marriage certificate and of a short divorce certificate. These are the documents that prove an event happened. They are what Social Security, the DMV, a passport office, or an insurer normally asks for.
The circuit court clerk in the county or city where the case was heard holds the divorce case file: the complaint, any property settlement agreement, custody and support orders, and the final decree. Only that file tells you what the divorce actually decided. If a lender wants to see who got the house, or you need the support terms, the state certificate will not help you; the decree will.
Marriage licenses also start at a circuit court. The clerk of the circuit court issues the license, the officiant returns it after the ceremony, and the clerk forwards the record to the state. That is why the VDH application asks you to name the circuit court where the license was issued.
Getting a Marriage Certificate From Virginia
The Office of Vital Records issues certified marriage copies. The published fee is $15.00 per certified copy of a vital record issued, and Virginia charges that same $15.00 for a search of the vital-records system when no certified copy is produced. The department's own application form still carries an older $12.00 figure in its printed instructions, so pay the amount VDH lists on its current fee page rather than the amount printed on the form, and confirm before mailing a check.

You have four routes:
- Online, through the VDH ordering system at vr-fhs.vdh.virginia.gov.
- By mail, using form VS6MD, sent to the Office of Vital Records, P.O. Box 1000, Richmond, VA 23218-1000.
- In person, at the Richmond office.
- Expedited, through VitalChek, which VDH names on its FAQ page for faster service at additional cost.
Every applicant must send an enlarged, legible photocopy of their own identification. The form warns that a false application for a vital record is a felony, and it states that the State Registrar reserves the right, citing § 32.1-271C, to accept or deny any application submitted. That citation is the form's own. Subsection (C) of the statute is actually the appeal-and-petition provision, which is the route you use if the State Registrar denies disclosure: you may petition the circuit court where you live or where the event occurred for an order compelling disclosure.
Pro tip: If a foreign consulate, an immigration process, or an overseas wedding venue is asking you to prove that you are not already married, you are looking for the Single Status Letter, which is an option on the same VS6MD marriage form. It is a statement about what the Virginia record system does and does not contain, not a marriage certificate.
Getting a Virginia Divorce Record
Decide first which document you need.
For the decree and the terms, contact the circuit court clerk in the county or independent city where the divorce was granted. Section 17.1-208 provides that, except as otherwise provided by law, records maintained by circuit court clerks are open to inspection in the clerk's office by any person, and that the clerk furnishes copies. Clerks charge a per-page copying fee plus a certification fee; ask the specific clerk's office for its current schedule, since practice varies from courthouse to courthouse.
For the state divorce certificate, use the same VS6MD form and the same $15.00 fee. The state's divorce records run from 1918 to the present. The form asks for both parties' names, the date of the divorce, and the circuit court where it was granted, so gather that before applying.
If the divorce predates 1918, the state has nothing. Go to the circuit court clerk, and for genealogical work go to the Library of Virginia, which holds records the Office of Vital Records does not have.
The 25-Year Rule and What Actually Becomes Public
This is Virginia's defining feature. Section 32.1-271(D) states that when 25 years have elapsed after the date of death, marriage, divorce, or annulment, the records of these events in the custody of the State Registrar shall, unless precluded from release by statute or court order, or at law-enforcement request, become public information.
That same subsection says what then happens to the paper. Original records in the State Registrar's custody that become public information are turned over to the Library of Virginia for safekeeping and for public access alongside other state archival records, with the Registrar keeping copies for its own administrative and disclosure purposes. That is the practical consequence of the 25-year mark: an older Virginia record becomes an archives request rather than a vital-records order.
Two things follow.
First, inside the 25-year window the certificate is not a public record. VDH applies a family-relationship gate, and its FAQ describes eligibility as immediate family members only: mother, father, current spouse, child, brother, sister, and grandparents, with valid identification. The VS6MD form's relationship checkboxes track that list closely, adding self, adult child, adult brother, adult sister, legal representative with proof, and an "other, specify" line that puts the burden on you to explain the request.
Second, the online index is a separate layer with its own timing. Subsection H directs the State Registrar to maintain a public online index of names, dates, and locality that is public from the time the Registrar receives it. Only the linked image of the underlying record waits for the 25-year mark. So a recent marriage or divorce can be findable by name in the index while the certificate itself is still restricted to the family list.
Watch out: The 25-year clock controls the certificate, not the index. Subsection H directs the State Registrar to maintain a public online index of names, dates, and locality that is public from the time the Registrar receives it. Only the linked image of the underlying record waits for the 25-year mark. So the index can confirm that a recent event exists while the certificate behind it stays restricted. See our guide on how to find out if someone is married or divorced for the honest limits, including why commercial background-check products are unreliable on this specific data point.
When a Virginia Divorce File Is Sealed
The court file being open by default does not mean it always stays open. Code of Virginia § 20-124, titled Sequestration of record, allows a court in a divorce or related domestic-relations proceeding, on a party's motion, to order the record or any agreement of the parties filed in it to be sealed and withheld from public inspection. Once that happens, access is limited to the parties, their attorneys, and others the judge determines have a proper interest.

So a search that turns up a docket entry but no viewable documents is not necessarily an error at the clerk's office. It can mean a judge sequestered the file. The practical response is to ask the clerk what the file's status is rather than assuming the record was lost.
If you are approaching the court file as a records request rather than as a party, the mechanics of Virginia public-records access are worth understanding first; see Virginia public records laws.
Older Virginia Records and Genealogy
The Library of Virginia is the destination for anything the Office of Vital Records does not hold, including early marriage material and pre-1918 divorce material. Circuit court clerks also retain marriage registers going back well before state-level registration, which is why the federal directory of state vital-records offices notes that a clerk may hold records neither the state office nor the Library of Virginia has.
There is a live inconsistency worth naming: VDH's FAQ lists marriage records as 1853 to the present, while the CDC's Virginia page says the state office holds marriage records filed after June 14, 1912. Both are official sources. Because Virginia's marriage registration was interrupted in the late nineteenth century, the safest approach for a pre-1912 marriage is to start with the circuit court clerk where the license was issued, then the Library of Virginia, and to call VDH before paying a $15.00 search fee for a year the state may not cover.
Related Virginia Records
Common-law marriage is not available in Virginia, which matters here because there is no license or certificate to look up for a relationship that was never licensed. The background is in Virginia common-law marriage.
Virginia's death records follow a different and more restrictive path than marriage and divorce; see Virginia death records. For how other states handle the same questions, start at the marriage and divorce records by state hub, or read the step-by-step how to get a copy of your marriage certificate walkthrough.
Disclaimer
This article provides general legal information about Virginia marriage and divorce records, verified against official sources on 2026-08-04. It is not legal advice and does not create an attorney-client relationship. Fees and processing times change; confirm current amounts with the Virginia Department of Health or the relevant circuit court clerk before sending payment. For advice about a specific situation, consult a lawyer licensed in Virginia.

Last updated: 2026-08-04.
Frequently Asked Questions
Are divorce records public in Virginia?
In two different senses, yes. The circuit court case file is open to inspection by any person under Code of Virginia § 17.1-208 unless a judge has sealed it under § 20-124. The state's divorce certificate held by the Office of Vital Records becomes public information 25 years after the divorce under § 32.1-271, and before then it is restricted to a defined family list.
How much does a Virginia marriage or divorce certificate cost?
$15.00 per certified copy. Virginia charges the same $15.00 for a search of the vital-records files even when no certificate is issued, so an unsuccessful search still costs money.
Who can order a Virginia marriage certificate?
Within 25 years of the event, VDH limits certificates to immediate family: mother, father, current spouse, child, brother, sister, and grandparents, with valid identification. A legal representative may apply with proof. After 25 years the record is public information under § 32.1-271.
What years of marriage and divorce records does Virginia hold at the state level?
Divorce records begin in 1918. For marriage, VDH's FAQ says 1853 to the present while the CDC's state directory says records filed after June 14, 1912. For an older marriage, start with the circuit court clerk that issued the license and the Library of Virginia, and confirm with VDH before paying a search fee.
Where do I get the actual divorce decree in Virginia?
From the clerk of the circuit court in the county or independent city where the divorce was granted. The state's divorce certificate reports that a divorce happened; only the court file contains the decree, the property settlement, and any custody or support terms.
Can I get a Virginia divorce record if I am not one of the spouses?
You can generally inspect the court file, because § 17.1-208 opens circuit court records to any person unless the file has been sealed. You generally cannot get the state certificate within 25 years unless you fall inside VDH's family list or are a legal representative.
How do I prove I am not married in Virginia?
Request a Single Status Letter, which is an option on the same VS6MD marriage application. It addresses what the Virginia record system contains rather than certifying a marriage.
Can a Virginia divorce file be sealed?
Yes. Under § 20-124, a court may order the record or a filed agreement of the parties sealed and withheld from public inspection on a party's motion. After that, only the parties, their attorneys, and others the judge finds have a proper interest may access it.
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Virginia, Title 32.1: Health
§ 32.1-271Disclosure of information in records; when unlawful; when permitted; proceeding to compel disclosure; when certain records made publicIn forcecited in 5 of our articles
A. To protect the integrity of vital records and to ensure the efficient and proper administration of the system of vital records, it is unlawful, notwithstanding the provisions of §§ 2.2-3700 through 2.2-3714, for any person to permit inspection of or to disclose information contained in vital records or to copy or issue a copy of all or part of any such vital records except as authorized by this section or regulation of the Board or when so ordered by a court of the Commonwealth. B. Data contained in vital records may be disclosed for valid and substantial research purposes in accordance with the regulations of the Board. C. Any person aggrieved by a decision of a county or city registrar may appeal to the State Registrar. If the State Registrar denies disclosure of information or inspection of or copying of vital records, such person may petition the court of the county or city in which he resides if he resides in the Commonwealth or in which the recorded event occurred or the Circuit Court of the City of Richmond, Division I, for an order compelling disclosure, inspection or copying of such vital record.
Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: How to Find Someone's Cause of Death in Virginia (2026), Marriage & Divorce Records by State: Who Holds Them and How to Get a Copy, Vital Records Explained: Are birth certificates public records?
Code of Virginia, Title 17.1: Courts of Record
§ 17.1-208Records, etc., open to inspection; copies; exceptionIn forcecited in 3 of our articles
A. For the purposes of this section, "confidential court records," "court records," and "nonconfidential court records" shall have the same meaning as set forth in § 17.1-292. B. Except as otherwise provided by law, any records that are maintained by the clerks of the circuit courts shall be open to inspection in the office of the clerk by any person and the clerk shall, when requested, furnish copies thereof subject to any reasonable fee charged by the clerk pursuant to § 17.1-275. No person shall be permitted to use the clerk's office for the purpose of making copies of records in such manner, or to such extent, as will, in the determination of the clerk, interfere with the business of the office or with its reasonable use by the general public. The certificate of the clerk to copies furnished by the clerk shall, if the paper copied be recorded in a bound volume, contain the name and number of the volume and the page or folio at which the recordation of the paper begins, or the instrument number as applicable, and the clerk may charge a fee therefor pursuant to § 17.1-275.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2013
Opinions citing this section in our collection:
- U.S. Inspect, Inc. v. McGreevy (Virginia Circuit Court 2000, 57 Va. Cir. 511)“…rt referred to Va. Code § 17-43, the predecessor statute to Va. Code § 17.1-208, which provides in pertinent part as fo…”
- Ostergren v. Cuccinelli (Court of Appeals for the Fourth Circuit 2010, 615 F.3d 263)“…erks make land records available for public inspection. See Va. Code § 17.1-208. Any person can review and copy land re…”
- McBurney v. Young (Supreme Court of the United States 2013, 569 U.S. 221)“…erk shall, when requested, furnish copies thereof." *230 Va.Code Ann. § 17.1-208 (Lexis 2010). Such records and papers i…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How to Find Out if Someone Is Married or Divorced (Official Records Only), Virginia Court Records: How to Search, What's Public, and How Sealing Now Works (2026)
Code of Virginia, Title 20: Domestic Relations
§ 20-124Sequestration of recordIn force
Upon motion of a party to any suit under this chapter, the court may order the record thereof or any agreement of the parties, filed therein, to be sealed and withheld from public inspection and thereafter the same shall only be opened to the parties, their respective attorneys, and to such other persons as the judge of such court at his discretion decides have a proper interest therein.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
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Sources and References
- Code of Virginia § 32.1-271, Disclosure of records (25-year public-information rule for marriage and divorce)(law.lis.virginia.gov).gov
- Code of Virginia § 17.1-208, Records open to inspection; copies (circuit court clerks)(law.lis.virginia.gov).gov
- Code of Virginia § 20-124, Sequestration of record (sealing a divorce record)(law.lis.virginia.gov).gov
- Virginia Department of Health, Office of Vital Records, Frequently Asked Questions (eligibility, fee, years on file, ordering channels)(vdh.virginia.gov).gov
- Virginia Department of Health, Application for Certification of a Marriage and/or Divorce Record (form VS6MD)(vdh.virginia.gov).gov
- Virginia Department of Health, Office of Vital Records(vdh.virginia.gov).gov