Fairfax County Divorce Records

Fairfax County divorce records are kept by the Circuit Court Clerk's office at 4110 Chain Bridge Road in Fairfax. As Virginia's most populous county, Fairfax handles a large volume of divorce filings each year through the 19th Judicial Circuit. Records go back to 1742. The county launched a new eCaseSearch system in 2024 that allows free online searching of case information, and new divorce cases are eligible for electronic filing. For full documents, you still contact the clerk's office directly.

Circuit Court Clerk's Office

The Fairfax County Circuit Court has jurisdiction over all divorce and family dissolution cases in the county under Virginia Code § 20-96. Clerk Hon. Christopher J. Falcon oversees an office that handles one of the highest volumes of civil filings in Virginia.

All fees at Fairfax County Circuit Court must be paid by cash, cashier's check, or money order. Personal checks are not accepted. If you are unsure what a particular service costs, call ahead or check the divorce information page on the county website. For legal help, the Fairfax Public Law Library is located in Suite 115 of the Fairfax County Courthouse. It has computers and research resources open to the public.

Note: Court personnel are prohibited by law from giving legal advice. If you need guidance on your case, visit the Fairfax Public Law Library in Suite 115 or contact Virginia Legal Aid.

Online Case Search and Electronic Filing

Fairfax County rolled out a new eCaseSearch system in 2024. This system lets anyone search divorce case information online for free. Previously, accessing this data required a paid subscription. You can search by party name, case number, or hearing date. The tool shows case status, filing dates, and basic party information.

Fairfax Circuit Court is also one of the few Virginia circuit courts offering electronic filing for new divorce cases. The Electronic Filing System (EFS) allows attorneys and self-represented parties to file initial documents without coming to the courthouse. This is a significant convenience for a county that handles thousands of civil cases each year.

Even with online search and electronic filing available, obtaining actual copies of divorce documents requires contacting the clerk's office directly. You can visit in person, call (703) 246-4111, or send a mail request to 4110 Chain Bridge Road, Fairfax, VA 22030. Remember that all fees must be paid by cash, cashier's check, or money order.

Filing for Divorce in Fairfax County

To file for divorce in Fairfax County, you or your spouse must have lived in Virginia for at least six months. The Divorce Complaint is filed in the Circuit Court, Civil Intake Division. You also submit a VS-4 State Statistical Form and a Domestic Case Coversheet at the time of filing. The filing fee is $60.

If there are no children from the marriage, you must be separated for at least six months and have a written property settlement agreement before you can file. If there are children, separation must be at least one year before filing. These rules come from Virginia Code § 20-91.

Fault grounds are also available: adultery, felony conviction with imprisonment, cruelty, and willful desertion. Fault-based cases require substantial evidence. Most Fairfax County divorces proceed on no-fault grounds due to the lower evidentiary burden and shorter path to resolution.

If you are representing yourself, you will be held to the same procedural standards as an attorney. The Virginia Courts self-help page and the Fairfax Public Law Library are both good resources for self-represented filers.

Getting Certified Copies of Divorce Records

Certified copies of Fairfax County divorce decrees are available from the clerk's office. The first certified copy of a final decree is free under Virginia Code § 17.1-275. Additional copies cost $0.50 per page. Payment must be in cash, cashier's check, or money order.

Records from the last 25 years are restricted to parties named in the case, their immediate family (parents, children, siblings, grandparents), and their attorneys. After 25 years, records become public under § 32.1-271. Records that have been sealed under § 20-124 stay restricted regardless of age.

If you need just a short certificate confirming a divorce took place, contact the Virginia Department of Health Office of Vital Records. VDH has divorce certificates going back to 1918 statewide. The fee is $12 per copy. Walk-in service is available at 8701 Park Central Drive, Suite 100, Richmond. Phone: 804-662-6200.

Virginia Divorce Law and Property Division

Virginia recognizes two types of divorce. A divorce from bed and board is a legal separation. A divorce from the bond of matrimony is a complete dissolution. The latter is what most Fairfax County residents seek. Under § 20-107.3, courts can divide marital property and debts, order monetary awards, and transfer jointly-held assets.

Fairfax County divorce cases that involve contested property can be quite complex given the region's high real estate values and the financial complexity of many households. The court applies equitable distribution principles. That means the split is fair, not necessarily equal. The Virginia State Bar divorce guide explains these principles clearly.

Social security numbers are always removed from all publicly accessible copies. FOIA rights under § 2.2-3700 do not override the vital records confidentiality rules during the 25-year restricted period.

Nearby Counties

These Virginia counties are near Fairfax County. Each maintains its own Circuit Court divorce records.