Southampton County Divorce Records

Southampton County divorce records date back to 1749 and are kept by the Circuit Court Clerk in Courtland, Virginia. If you need a divorce decree, a full case file, or a certified copy, the 5th Judicial Circuit clerk's office is your primary source, with a basic divorce certificate also available from the Virginia Department of Health for cases from 1918 forward.

Circuit Court Clerk Office

The Southampton County Circuit Court Clerk is located at 22350 Main Street, Courtland, VA 23837 (mailing address: P.O. Box 190, Courtland, VA 23837). Call (757) 653-2200 during business hours, Monday through Friday, 8:30 AM to 4:30 PM. The clerk is Hon. Richard W. Francis Jr. This office is the official keeper of all Southampton County divorce records.

Southampton County is in the 5th Judicial Circuit, one of Virginia's older circuits. The clerk's office in Courtland handles all civil and domestic filings including divorce. When you contact the office, be prepared with the names of both parties and the approximate year of the divorce. Staff can help locate the record but cannot offer legal guidance.

Requesting Divorce Records

You can get Southampton County divorce records in person or by mail. At the clerk's office, present a valid photo ID along with any information you have on the case. If you have a case number, provide it. Otherwise, the staff can search by name and year. Most requests are fulfilled within a few business days.

Under Virginia Code § 17.1-275, the first certified copy of a final divorce decree is free. Additional copies are $0.50 per page. To submit by mail, write a request with both parties' names, the divorce year, your return address, and a self-addressed stamped envelope. Call ahead to confirm current payment policies.

The Virginia Department of Health Office of Vital Records issues divorce certificates from 1918 to the present. These certificates state the names of the parties, the date, and the county. They do not include property, custody, or support terms. Each copy costs $12. Mail requests to VDH, Office of Vital Records, P.O. Box 1000, Richmond, VA 23218-1000. Walk-in service is available at 8701 Park Central Drive, Suite 100, Richmond, from 7:00 AM to 4:00 PM on weekdays.

Note: The VDH certificate is often enough for legal and financial purposes where you just need to show a divorce occurred. Go to the Southampton County clerk for full decree details.

Who Can Access These Records

Access rules for Southampton County divorce records are set by Virginia Code § 32.1-271. Records are restricted for 25 years from the date of the final decree. During that time, only the parties named in the record, their immediate family, and licensed attorneys may request copies. Valid photo ID is required.

Immediate family includes parents, spouses, children, siblings, and grandparents. Cousins, in-laws, aunts, and uncles do not qualify. After 25 years, the record opens to the public. Anyone may request it without showing a relationship to the parties. Social security numbers are removed from all copies regardless of the record's age.

If a court sealed the record under Virginia Code § 20-124, it stays closed even after 25 years. The clerk can tell you that a record is unavailable, but may not be able to explain the reason if it is sealed.

Divorce Filing Process

All Southampton County divorces must be filed with the Circuit Court in Courtland. Under Virginia Code § 20-96, circuit courts have exclusive authority over divorce proceedings in Virginia. You or your spouse must have lived in Virginia for at least six months to file here. The $60 filing fee includes the first certified copy of the final decree.

Virginia allows no-fault and fault-based divorce. Under Virginia Code § 20-91, no-fault divorce requires one year of continuous separation. If both spouses have a written agreement and no minor children, six months is enough. Fault grounds include adultery, felony conviction with imprisonment, cruelty, and desertion. Fault cases take more evidence to prove and generally cost more in attorney fees.

Free guides are available at the Virginia Court Self-Help Center and from the Virginia State Bar. Low-income residents of Southampton County may qualify for free help through Virginia Legal Aid.

What Is in a Southampton County Divorce Decree

A Southampton County divorce decree contains the court's final rulings on all aspects of the case. It formally ends the marriage and may include decisions on property and debt division, spousal support, and, when applicable, child custody, visitation, and child support.

Virginia uses equitable distribution to divide marital property under Virginia Code § 20-107.3. The court weighs each spouse's contributions to the marriage and other relevant factors before deciding. This process does not guarantee a 50-50 split. If you need a record showing these rulings, only the clerk in Courtland can provide the full decree text.

Nearby Counties

These Virginia counties are near Southampton County. Each has its own Circuit Court for divorce records.