Surry County Divorce Records
Surry County divorce records are maintained by the Circuit Court Clerk in Surry, Virginia, with records dating to 1652, one of the oldest county record collections in the state. To find a divorce decree, request a certified copy, or search a case file from the 6th Judicial Circuit, this guide covers the steps for both in-person and mail requests, as well as the state-level option through the Virginia Department of Health.
Surry County Overview
Circuit Court Clerk
The Surry County Circuit Court Clerk is at 28 Colonial Trail East, Surry, VA 23883 (mailing address: P.O. Box 203, Surry, VA 23883). Phone: (757) 294-3161. Office hours are Monday through Friday, 8:30 AM to 4:30 PM. Note that recordation services end at 4:00 PM. The current clerk is Hon. Thomas L.S. Mayes.
Surry County is part of the 6th Judicial Circuit, which it shares with Sussex County and Prince George County. Established in 1652, Surry County has a very long record history. Some older materials may be stored in archival formats. The clerk's staff can tell you what is available for any given year before you complete a formal request.
When you contact the office, bring or provide the full names of both parties and the approximate year of the divorce. If you have a case number, that will make the search faster. Staff can help locate records but cannot give legal advice.
Requesting Divorce Records
You can get Surry County divorce records in person or by mail. Bring a valid photo ID when visiting. If you have a case number, use it. Staff can also search by party names and the year of the divorce. For mail requests, include both parties' full names, the approximate year, your return address, and a self-addressed stamped envelope.
Under Virginia Code § 17.1-275, the first certified copy of a final divorce decree costs nothing. Additional page copies cost $0.50 each. Call the office to confirm payment methods before mailing any money. The divorce case filing fee is $60.
For a basic divorce certificate, contact the Virginia Department of Health Office of Vital Records in Richmond. VDH holds divorce records from 1918 to the present. Certificates include names, date, and county only. No decree terms are included. Each copy is $12. Mail to VDH, Office of Vital Records, P.O. Box 1000, Richmond, VA 23218-1000, or visit at 8701 Park Central Drive, Suite 100, Richmond, 7:00 AM to 4:00 PM weekdays.
Note: If you need proof a divorce happened, the VDH certificate is often sufficient. For the full case file or specific decree language, go to the Surry County clerk.
Who Can Access Surry County Records
Access rules follow Virginia Code § 32.1-271. Surry County divorce records are restricted for 25 years after the date of the final decree. During that time, only the parties named in the record, their immediate family, and attorneys may access them. Valid photo ID is required.
Immediate family means parents, spouses, children, siblings, and grandparents. In-laws, cousins, and other relatives do not qualify. After 25 years, records become public and anyone may request them. Social security numbers are always redacted from copies regardless of record age.
Records may be sealed under Virginia Code § 20-124. Sealed records stay closed even after the 25-year window. If a record cannot be located or is listed as unavailable, contact the clerk's office for clarification.
Filing for Divorce in Surry County
All divorce cases in Surry County are filed with the Circuit Court in the town of Surry. Under Virginia Code § 20-96, only circuit courts can grant divorces 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 both no-fault and fault-based divorce under Virginia Code § 20-91. No-fault requires one year of continuous separation. If both parties have signed a settlement agreement and there are no minor children, the separation period drops to six months. Fault grounds such as adultery, cruelty, felony conviction, and desertion require more evidence and tend to cost more to litigate.
Free resources for divorce filers include the Virginia Court Self-Help Center and the Virginia State Bar's plain-language divorce guide. Qualifying low-income residents may get free legal help through Virginia Legal Aid.
Divorce Decree Details
Surry County divorce decrees include the court's final rulings on ending the marriage and all issues raised in the case. This includes property and debt division, spousal support, and if children are involved, custody, visitation, and support orders.
Virginia uses equitable distribution to divide marital property under Virginia Code § 20-107.3. The court weighs each spouse's contributions during the marriage and other relevant factors. Equal division is not required. Only the Surry County Circuit Court holds the full text of the decree. If you need specific terms, request the document directly from the clerk's office in Surry.
Nearby Counties
These Virginia counties are near Surry County. Each has its own Circuit Court for divorce records.