Nottoway County Divorce Records
Nottoway County divorce records are maintained by the Circuit Court Clerk's Office in Nottoway, Virginia. The 10th Judicial Circuit has held these filings since 1865, when the county's earlier records were lost during the Civil War. This page explains how to find and request divorce records, what restrictions apply to recent filings, and where to go for certified copies of decrees or certificates.
Nottoway County Overview
Circuit Court Clerk's Office
Virginia Code § 20-96 assigns exclusive jurisdiction over divorce to circuit courts. In Nottoway County, all divorce cases go through the courthouse in the town of Nottoway. The clerk's office stores the official record of every divorce granted in the county, beginning with the post-Civil War era.
| Office | Nottoway County Circuit Court Clerk |
|---|---|
| Clerk | Hon. Diana M. Powell |
| Address | P.O. Box 25, 328 West Courthouse Road, Nottoway, VA 23955 |
| Phone | (434) 645-9043 |
| Hours | Monday - Friday, 8:30 AM - 4:30 PM |
| Website | vacourts.gov - Nottoway Circuit Court |
Nottoway County is located in Southside Virginia, roughly between Richmond and the North Carolina border. The county seat of Nottoway is a small community, and the courthouse serves a largely rural population. In-person visits are the most direct way to get records, but phone and mail requests are also handled by the clerk's office.
Who Can Access Records
Access to Nottoway County divorce records is governed by Virginia Code § 32.1-271. Records less than 25 years old are not public. They are available only to the parties in the divorce, their immediate family members (parents, children, siblings, spouses, and grandparents), and their attorneys. Cousins, in-laws, and other relatives do not qualify under this rule.
Records that are 25 years old or older are public. Anyone can request them without showing a family connection. This makes many of Nottoway County's divorce files from the 1860s through the early 2000s accessible to the general public, researchers, and genealogists.
Even public records have redactions. Social security numbers are removed from all copies provided outside the court system. If a court order under § 20-124 sealed a record, it stays sealed regardless of how old it is. The Virginia Freedom of Information Act supports open access to most government records, but specific privacy protections for divorce records take precedence.
Note: Nottoway County's pre-1865 divorce records no longer exist due to Civil War losses. If you need records from before that period, they are not available at the county level.
Getting Copies of Divorce Decrees
To get a divorce record from Nottoway County, you need to provide the full names of both parties and the approximate year of the divorce. The clerk's office will search for the case and let you know what documents are available and how to get copies.
Under § 17.1-275, the first certified copy of the final decree is free to the parties in the divorce. Additional copies cost $0.50 per page. For mail requests, include a copy of your ID, the case details, and a self-addressed stamped envelope. The office accepts checks or money orders for copy fees.
Divorce certificates issued by the state are a different matter. The Virginia Department of Health Office of Vital Records in Richmond handles those. The VDH charges $12 per certificate and has records from 1918 to the present. Certificates confirm the divorce happened but don't contain the court's orders about property or custody. Most people who need the full terms of their divorce need the decree from the Circuit Court, not the VDH certificate.
Filing for Divorce in Nottoway County
Anyone filing for divorce in Nottoway County must have lived in Virginia for at least six months. The complaint is filed at the courthouse in Nottoway. The $60 filing fee covers the clerk's intake processing and includes a certified copy of the final decree once it's issued by the court.
Virginia offers both no-fault and fault divorce. The no-fault path under § 20-91 requires one year of continuous separation. Couples without minor children who have a signed property settlement agreement can file after just six months. The separation must be genuine, continuous, and without any resumption of living together.
Fault-based divorces are available on grounds of adultery, felony conviction and imprisonment, cruelty, and willful desertion. These require proof in court and are more involved than no-fault cases. They also require a waiting period of one year from the date the fault ground occurred, except for adultery.
Property is divided using Virginia's equitable distribution rules under § 20-107.3. The court splits marital assets and debts based on what's fair, not what's equal. Spousal support and any child custody matters are addressed at the same time. For self-help resources, the Virginia Courts Self-Help Center is a good starting point. VA Legal Aid serves Southside Virginia residents who need legal help.
Nearby Counties
These Virginia counties are near Nottoway County. Each has its own Circuit Court for divorce records.