Search James City County Divorce Records
James City County divorce records are maintained by the Circuit Court Clerk's Office in Williamsburg, Virginia. James City County and the City of Williamsburg share a circuit court, so both jurisdictions use the same clerk's office for divorce filings. Records here go back to 1865, following the loss of earlier files during the Civil War. This page covers how to request divorce records, what they include, who can access them, and what fees apply.
James City County Overview
Circuit Court Clerk Office
Divorce cases in James City County are filed in the Circuit Court, as required by Virginia Code § 20-96. James City County and the City of Williamsburg share the same circuit court and clerk's office, which is physically located in Williamsburg. All divorce filings, final decrees, and case files for both jurisdictions are maintained at this location.
| Office | James City County/Williamsburg Circuit Court Clerk |
|---|---|
| Address | 5201 Monticello Avenue, Suite 6, Williamsburg, VA 23188 |
| Phone | (757) 564-2242 |
| Hours | Monday-Friday, 8:30 AM - 4:00 PM |
| Website | vacourts.gov |
Hon. Maria R. Latour serves as the Clerk of Circuit Court for the James City County/Williamsburg circuit. The shared court handles divorce filings for both James City County residents and City of Williamsburg residents. When you request records, be clear about whether your case was in James City County or the City of Williamsburg, as the court serves both but may organize records separately.
Note: James City County and the City of Williamsburg share one circuit court. If you are unsure whether a divorce was filed under James City County or the City of Williamsburg, the clerk can search both when you provide the parties' names and year.
What Records Exist and Where
Virginia divorce records fall into three categories. Each comes from a different office and contains different information.
Divorce certificates are issued by the Virginia Department of Health. VDH has records from 1918 to the present. The certificate confirms that a divorce occurred and provides basic details: party names, date, and county. It does not include the specific terms of the divorce.
Final divorce decrees are the actual court orders. They contain everything the judge ordered: property division under § 20-107.3, spousal support, child custody, visitation, and any name changes. Decrees are held at the James City County/Williamsburg Circuit Court Clerk's office.
Divorce case files are all documents submitted during the case, including the complaint, financial affidavits, motions, and any court orders made before the final decree. These are also at the clerk's office. For James City County, records go back to 1865.
How to Get Divorce Records
You can request records in person at the Monticello Avenue location, by mail, or look up basic case data online through the Virginia court system.
In-person is the fastest route. Come to 5201 Monticello Avenue, Suite 6 in Williamsburg. Bring a photo ID and the names of both parties. Approximate year of divorce is helpful. A case number is even better. The clerk can pull the file and provide copies during your visit. Hours are 8:30 AM to 4:00 PM Monday through Friday.
For mail requests, write to the same address with both party names, year of divorce, your phone number, a check or money order for copy fees, and a stamped return envelope. Processing may take a few days to a week depending on workload.
The Virginia Judicial System's circuit court case search tool lets you look up basic case status online for many Virginia courts. You can find case numbers and verify that a case exists. Actual documents must be obtained from the clerk's office.
Note: Civil War destruction means no divorce records exist for James City County before 1865. For divorces after 1918, VDH divorce certificates may also be available through the Office of Vital Records in Richmond.
Fees and Access
Under § 17.1-275, the first certified copy of a final divorce decree is free to the parties. That rule applies in James City County as it does everywhere in Virginia. Additional copies are $0.50 per page. Certified document copies cost $2.00 per document plus per-page fees.
Divorce certificates from VDH cost $12 per copy. Start a request at vdh.virginia.gov/vital-records. Forms must be printed, signed, and submitted with valid ID and payment by mail or in person to the VDH office in Richmond.
Access depends on the age of the record. § 32.1-271 restricts VDH divorce records for 25 years. Only parties, immediate family, or attorneys may request them during that period. After 25 years, anyone can access the records. Courts may also seal records under § 20-124, which keeps them restricted indefinitely.
Filing a new divorce case in James City County costs $60, the same statewide filing fee that applies across Virginia.
Divorce Law Overview
Virginia requires at least six months of state residency before you can file for divorce. The grounds are in § 20-91. No-fault divorce requires one year of continuous separation. If both parties have signed a written separation agreement and there are no minor children, the separation period drops to six months.
Fault-based grounds include adultery, felony conviction with imprisonment, cruelty, and desertion. These require specific proof and may affect property division or support outcomes.
Virginia uses equitable distribution to divide marital property. The court considers multiple factors under § 20-107.3 to reach a fair but not necessarily equal split. Both parties' contributions, the length of the marriage, and other circumstances matter.
For help, the Virginia Judicial System's self-help divorce page and the Virginia State Bar's guide to divorce are both good starting points. Virginia Legal Aid offers free assistance for qualifying low-income residents.
Nearby Counties
These Virginia counties are near James City County. Each has its own Circuit Court for divorce filings and record keeping.