Divorce Records in Stafford County

Stafford County divorce records are held by the Circuit Court Clerk at the Stafford County Courthouse, with records available from 1664, making Stafford one of the oldest counties in Virginia. You can search for divorce decrees, case files, and certified copies through the 15th Judicial Circuit, or obtain a basic divorce certificate from the Virginia Department of Health for divorces from 1918 onward.

Circuit Court Clerk Office

The Stafford County Circuit Court Clerk is located at 1300 Courthouse Road, Stafford, VA 22555 (mailing address: P.O. Box 69, Stafford, VA 22555). Phone: (540) 658-8750. Office hours are Monday through Friday, 8:00 AM to 4:00 PM. Note that financial payments are not accepted after 4:00 PM. The current clerk is Hon. Kathy M. Sterne.

Stafford County is part of the 15th Judicial Circuit, along with Spotsylvania County and the City of Fredericksburg. Founded in 1664, Stafford is one of the oldest counties in the state. The depth of its records collection reflects that age. The clerk's office in Stafford handles all domestic relations and civil filings for county residents, including all divorce cases.

When you contact the clerk's office, have both parties' full names and the approximate year of the divorce ready. The staff can search by name and approximate year even if you do not have a case number. They can explain what is available and how to pay, but they cannot give legal advice.

How to Get Stafford County Divorce Records

You can request Stafford County divorce records in person at the courthouse or by mail. Bring valid photo ID when visiting. If you have the case number, provide it. If not, staff will search by name and year. For mail requests, include both parties' full names, the approximate divorce year, your return address, and a self-addressed stamped envelope.

Per Virginia Code § 17.1-275, the first certified copy of a final divorce decree costs nothing. Additional page copies are $0.50 each. The $60 divorce filing fee includes that first certified copy. Call the office to confirm payment methods before mailing a request.

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

Note: The VDH certificate works for most purposes where you need to show a divorce occurred. For the full decree or case file, go to the Stafford County clerk.

Access Rules for Stafford Records

Under Virginia Code § 32.1-271, Stafford County divorce records are restricted for 25 years from the date of the final decree. During that time, access is limited to the named parties, their immediate family, and licensed attorneys. Valid photo ID is required.

Immediate family includes parents, spouses, children, siblings, and grandparents. Cousins, aunts, uncles, and in-laws do not qualify. After 25 years, records become public. Anyone may request them. Social security numbers are always removed from copies before they are released, regardless of record age.

Records may be sealed under Virginia Code § 20-124. Sealed records do not open to the public after 25 years. If a record is unavailable, the clerk will tell you, though they may not be able to say why if it is sealed.

Stafford County's long history means some very old records may be in archival storage or fragile condition. Contact the clerk's office first to confirm the availability of older materials before making a trip or mailing a request.

Filing for Divorce in Stafford County

Divorce cases must be filed with the Stafford County Circuit Court. Under Virginia Code § 20-96, circuit courts have sole authority over divorce proceedings in Virginia. You or your spouse must have lived in Virginia for at least six months before filing. The filing fee is $60 and includes the first certified copy of the final decree.

Virginia has both no-fault and fault-based divorce options under Virginia Code § 20-91. No-fault divorce requires one full year of separation. If both spouses agree on all terms and have no minor children, the waiting period shortens to six months. Fault grounds, which include adultery, felony conviction and imprisonment, cruelty, and desertion, require more evidence but may affect certain financial outcomes.

Free self-help guides are available at the Virginia Court Self-Help Center and through the Virginia State Bar's divorce guide. Residents who need legal help and cannot afford an attorney may qualify for free assistance through Virginia Legal Aid.

What Divorce Decrees Include

A Stafford County divorce decree is the court's final ruling that ends the marriage and resolves all connected issues. It may include decisions on marital property and debt division, spousal support, and, when children are involved, custody, visitation, and child support.

Virginia divides marital property through equitable distribution under Virginia Code § 20-107.3. The court weighs each spouse's contributions during the marriage, the length of the marriage, and other factors. The split is not always 50-50. If you need the specific terms of a decree, only the Stafford Circuit Court has the full document.

Nearby Counties

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