Northampton County Divorce Records Search
Northampton County divorce records are on file with the Circuit Court Clerk's Office in Eastville, Virginia, on the Eastern Shore. The 2nd Judicial Circuit has held divorce filings for this county since 1800. This page explains how those records are organized, how to request copies, and what rules govern access to recent versus older filings.
Northampton County Overview
Circuit Court Clerk's Office
Virginia Code § 20-96 gives circuit courts exclusive jurisdiction over divorce in Virginia. For Northampton County residents, that means filing in Eastville. The clerk's office is the official keeper of all divorce decrees, case files, and related court documents for the county.
| Office | Northampton County Circuit Court Clerk |
|---|---|
| Clerk | Hon. Tracy A. Phillips |
| Address | P.O. Box 36, 16404 Courthouse Road, Eastville, VA 23347 |
| Phone | (757) 678-0465 |
| Hours | Monday - Friday, 8:30 AM - 4:30 PM |
| Website | vacourts.gov - Northampton Circuit Court |
Northampton County sits on the southern end of Virginia's Eastern Shore, bordered by the Chesapeake Bay to the west and the Atlantic Ocean to the east. It's one of two counties in the state that is entirely surrounded by water on most sides. Getting to the courthouse may require crossing the Chesapeake Bay Bridge-Tunnel for those coming from the mainland. Plan extra travel time if that's your route.
Requesting Copies of Divorce Records
To get a copy of a divorce record from Northampton County, you need to know who the parties were and roughly when the divorce was finalized. Contact the clerk's office by phone or visit in person during business hours. Staff will search for the case and tell you what documents are on file.
Under Virginia Code § 32.1-271, divorce records less than 25 years old are restricted. Only the parties themselves, their immediate family, and licensed attorneys can access those records. After 25 years, records become public. Anyone can then request a copy without proving a relationship to the parties.
The first certified copy of a final decree is free to the parties under § 17.1-275. Extra copies run $0.50 per page. If you want a divorce certificate rather than the decree, contact the Virginia Department of Health in Richmond. That office charges $12 per certificate and has records from 1918 forward.
Note: Given Northampton County's remote location on the Eastern Shore, calling ahead before visiting can save considerable travel time and ensure the records you need are ready when you arrive.
Divorce Filing in Northampton County
Filing for divorce in Northampton County follows Virginia's standard rules. One spouse must have been a Virginia resident for at least six months before the complaint is filed. The $60 filing fee is paid to the Circuit Court Clerk at intake. The case is then assigned to a judge in the 2nd Judicial Circuit.
No-fault divorce under § 20-91 requires one year of continuous separation for most couples. Couples without minor children who have a signed separation agreement can qualify after six months. Fault grounds, including adultery, desertion, cruelty, and felony imprisonment, are also available for those with valid cause.
When the divorce is granted, the court also handles property. Virginia uses equitable distribution under § 20-107.3, which means the court divides marital assets and debts based on fairness rather than an automatic 50/50 split. Factors include the length of the marriage, each party's financial and non-financial contributions, and the economic circumstances of each spouse.
People handling their own divorce can find guidance at the Virginia Courts Self-Help Center. Legal aid assistance for Eastern Shore residents is available through VA Legal Aid.
What the Records Show
Divorce records from Northampton County come in a few forms. The final divorce decree is the most commonly requested. It lists both parties, the date of the decree, and the court's orders on property, support, and custody. This document is held by the Circuit Court Clerk and is what most people need for legal or personal purposes.
The case file is the complete set of documents from the proceeding. It includes the original complaint, service of process paperwork, motions, any financial disclosures filed, and the final order. If a settlement agreement was filed with the court, it will be in the case file as well. Under § 20-124, parties may ask the court to seal the file or parts of it, and a judge can grant that request if there's a valid reason.
Divorce certificates from the VDH are simpler. They show the names of both spouses, the date the divorce was finalized, and the county where it occurred. They don't contain the terms of the settlement or any orders about property or children. Use them to prove a divorce happened, not to review what the court decided.
Nearby Counties
These Virginia counties are near Northampton County. Each has its own Circuit Court for divorce records.