Botetourt County Divorce Records

Botetourt County divorce records are kept at the Circuit Court Clerk's Office at 75 East Back Street in Fincastle, Virginia. The clerk's office is the official source for all divorce decrees, case files, and certified document copies for cases heard in Botetourt County. Divorce records date back to 1831, with court records overall dating from 1770. The Virginia Department of Health holds certified divorce certificates from 1918. This page explains how to search records, what documents are available, and what fees to expect.

Circuit Court Clerk Office

Botetourt County is part of Virginia's 25th Judicial Circuit in the western part of the state. Under § 20-96, circuit courts have exclusive authority over all divorce and annulment proceedings. The clerk's office at 75 East Back Street in Fincastle handles all divorce filings and maintains the official case records.

Clerk Hon. Elizabeth H. Johnson leads the office. She can be reached at ejohnson@vacourts.gov. Court terms in Botetourt begin on the second Tuesday of January, April, July, and October. Grand juries convene on the first day of each term. If you have an active case or need to file documents, plan around those term dates.

How to Search Botetourt Divorce Records

Start with the Virginia Judicial System at vacourts.gov. You can look up Botetourt circuit court cases online by name, case number, or hearing date. This returns basic case information. Actual documents and certified copies require a visit to the clerk's office in Fincastle or a mailed request.

For in-person searches, visit 75 East Back Street, Fincastle, VA 24090 during business hours. Bring the full names of both parties and the approximate year the divorce was finalized. Staff will locate the file and let you review it. Request copies of the specific documents you need. Copies run $0.50 per page, so asking for only the final decree instead of the entire case file saves money.

Mail requests are accepted at the same address. Include the case details, a money order for estimated fees, and a stamped, self-addressed return envelope. Staff will process the request and mail copies back to you. Call (540) 473-8274 for a cost estimate before sending payment.

The Virginia Freedom of Information Act at § 2.2-3700 makes government records presumptively open. The 25-year rule under § 32.1-271 restricts access to divorce records less than 25 years old to parties, immediate family, and attorneys.

What Botetourt Divorce Records Contain

Botetourt County divorce records exist in three forms. Each type serves different needs and is held by a different agency.

The final divorce decree is the official court order ending the marriage. It names both parties, states the date the decree was issued, and documents all rulings on property, debt, spousal support, and child custody. Under § 20-107.3, Virginia courts use equitable distribution when dividing marital property. The decree spells out exactly how assets and debts were allocated. This is what most people are searching for when they look up Botetourt divorce records.

The divorce case file contains every document filed during the proceeding: the complaint, financial disclosures, motions, summonses, exhibits, and the final decree. Case files can be extensive. Copies are $0.50 per page. Requesting specific documents rather than the full file helps control costs.

VDH divorce certificates are brief confirmation records. They state that a divorce was granted in Botetourt County on a specific date and name the parties. They do not include terms or conditions of the divorce. VDH holds records from 1918 and issues certificates for $12 each.

Fees for Botetourt Divorce Records

Botetourt County fees follow state law under § 17.1-275. The first certified copy of the final divorce decree is free to either party when the case closes. After that, copies are $0.50 per page. Certified copies carry an additional $2.00 charge per document. A 10-page certified decree would cost approximately $7.00.

For mail requests, include a money order rather than a personal check. VDH charges $12 per certified divorce certificate. VDH walk-in service hours are Monday through Friday, 7:00 AM to 4:00 PM, at 8701 Park Central Drive, Suite 100, Richmond, VA 23227. Phone: 804-662-6200. Mail requests go to VDH, P.O. Box 1000, Richmond, VA 23218-1000 and typically take two to four weeks.

Getting Copies of Divorce Records

Visit the clerk's office at 75 East Back Street, Fincastle, VA 24090 in person, or mail a request to the same address. For in-person visits, bring photo ID, the names of both parties, and the approximate year of the divorce. Review the file first, then request copies of what you need.

For mail requests, include a money order for the estimated fees, the case details, and a stamped, self-addressed return envelope. The clerk will process your request and mail back the copies.

For VDH certificates, visit vdh.virginia.gov/vital-records. Download the application, print and sign it, and mail with a photocopy of your ID and a $12 payment per certificate to: VDH, P.O. Box 1000, Richmond, VA 23218-1000. Records over 25 years old are public information. Records under 25 years are restricted to named parties, immediate family, and attorneys. Records sealed under § 20-124 remain closed indefinitely.

Legal Help in Botetourt County

Under § 20-91, Virginia law allows divorce on fault grounds, such as adultery, cruelty, and willful desertion, and on no-fault grounds requiring one year of continuous separation. If there are no minor children and both parties have signed a separation agreement, six months of separation is enough. Virginia requires six months of residency before filing.

The Virginia State Bar provides a free guide on Virginia divorce law covering the full process, property rights, and support. For free legal help, qualifying residents can contact Virginia Legal Aid. The Virginia Court Self-Help Center has guides for people handling their own cases. Court staff cannot give legal advice.

Nearby Counties

These counties border or are near Botetourt County. Each one has its own Circuit Court for divorce cases.