Roanoke Public Records /Roanoke County Divorce Records

Roanoke County Divorce Records

What Are Roanoke County Divorce Records?

Divorce records in Roanoke County are official legal documents maintained by the Circuit Court that document the dissolution of marriage between two individuals. These records are created and maintained pursuant to Virginia Code § 20-91, which establishes the grounds for divorce in the Commonwealth of Virginia. Divorce records typically consist of multiple documents filed throughout the divorce proceeding, including the initial complaint for divorce, property settlement agreements, and the final decree of divorce.

The Roanoke County Circuit Court Clerk's Office serves as the official custodian of divorce records within the county. These records serve several important purposes:

Legal proof of marital status change
Documentation required for remarriage
Evidence for name change proceedings
Verification for Social Security benefits
Supporting documentation for loan applications
Required evidence for immigration matters
Historical and genealogical research

Divorce records in Roanoke County are categorized as both court records and vital records. The court maintains the complete case file containing all pleadings and orders, while the Virginia Department of Health's Division of Vital Records maintains an index of divorce certificates dating back to 1918.

Are Roanoke County Divorce Records Public?

Divorce records in Roanoke County have a dual status regarding public accessibility. Pursuant to the Virginia Freedom of Information Act § 2.2-3700, court records are generally considered public information. However, access to specific divorce documents varies based on document type and content.

The general accessibility status of divorce records in Roanoke County is as follows:

Court Case Files: Basic case information including party names, case numbers, and filing dates are publicly accessible through the Virginia Judicial System's online case information system. However, certain sensitive documents within divorce files may be sealed or redacted.
Divorce Certificates: Official divorce certificates are maintained by the Virginia Department of Health's Division of Vital Records and are not publicly accessible. Only the following individuals may obtain certified copies:
- The divorced parties
- Legal representatives of either party
- Individuals with a court order authorizing access
- Those with a legitimate legal interest as determined by the State Registrar

Certain information in divorce records may be automatically restricted from public view, including:

Social Security numbers
Financial account information
Information regarding minor children
Allegations of domestic violence
Health and medical information

The court may also seal additional portions of divorce records upon motion by either party if the court determines that public access would constitute an unwarranted invasion of privacy or pose a risk to either party.

How To Find a Divorce Record In Roanoke County in 2026

Members of the public seeking divorce records in Roanoke County may utilize several methods to locate these documents. The appropriate method depends on the type of record sought and the requester's relationship to the case.

For basic case information and court records:

Visit the Roanoke County Circuit Court Clerk's Office in person:

Roanoke County Circuit Court Clerk's Office
305 East Main Street
Salem, VA 24153
(540) 387-6205
Roanoke County Circuit Court Clerk's Office

Hours: Monday through Friday, 8:30 AM to 4:30 PM
Search online through the Virginia Judicial System's Case Information website
Submit a written request to the Clerk's Office with the following information:
- Full names of both parties
- Approximate date of divorce
- Case number (if known)
- Requester's contact information
- Specific documents requested

For certified divorce certificates:

Contact the Virginia Department of Health's Division of Vital Records:

Virginia Department of Health - Division of Vital Records
2001 Maywill Street, Suite 101
Richmond, VA 23230
(804) 662-6200
Virginia Department of Health - Division of Vital Records
Submit an application for a certified copy of a divorce certificate with:
- Full names of both parties
- Date of divorce
- Place of divorce
- Proof of identity
- Applicable fee ($12 per certificate)
- Documentation proving eligibility to receive the record

Requesters should note that processing times vary based on the method of request and current workload of the respective agencies.

How To Look Up Divorce Records in Roanoke County Online?

Roanoke County residents and authorized individuals may access certain divorce record information through online platforms. The Virginia Judiciary provides a centralized case information system that allows for limited online searches of divorce proceedings.

To search for divorce records online:

Visit the Virginia Judicial System's Online Case Information System
Select "Circuit Court Case Information" from the available options
Choose "Roanoke County" from the jurisdiction dropdown menu
Select "Civil Cases" as the case type
Enter search criteria in at least one of the following fields:
- Case Number (if known)
- Party Name (last name, first name)
- Filing Date Range
Review the search results, which typically include:
- Case number
- Filing date
- Party names
- Case type
- Current status

For more detailed case information through the Roanoke County Court Case Search, users may need to:

Create an account on the system
Pay applicable subscription fees
Agree to terms of use regarding appropriate use of the information

It is important to note that online access is limited to basic case information and docket entries. Full divorce case files, including pleadings, exhibits, and final decrees, are not available online due to privacy considerations. Additionally, certified copies of divorce certificates cannot be obtained through online systems and must be requested through the Virginia Department of Health's Division of Vital Records.

How To Find Divorce Records for Free In Roanoke County?

Members of the public seeking no-cost access to divorce records in Roanoke County have several options available, though these methods typically provide only basic information rather than complete case files or certified documents.

Free access methods include:

In-person inspection at the courthouse: The public may visit the Roanoke County Circuit Court Clerk's Office to view non-confidential divorce case files. While viewing is free, copying fees apply ($0.50 per page).

Roanoke County Circuit Court Clerk's Office
305 East Main Street
Salem, VA 24153
(540) 387-6205
Roanoke County Circuit Court Clerk's Office
Public access terminals: The courthouse provides computer terminals for searching the case management system at no charge. These terminals offer more detailed information than the public website.
Law library resources: The Roanoke County Law Library, located within the courthouse, maintains public records that may include divorce indices and reference materials.
Limited online searches: Basic case information can be accessed through the Virginia Judicial System's public case information portal without creating an account or paying fees.

Researchers should be aware of the following limitations when seeking free access:

Staff assistance for extensive searches may be limited
Records prior to computerization (generally pre-1990s) may require manual searching through indices
Certified copies always require payment of statutory fees
Complete case files may contain hundreds of pages, making in-person review time-consuming
Some documents within divorce files may be sealed or restricted

For genealogical research purposes, the Library of Virginia in Richmond may provide additional resources for historical divorce records at no cost.

What's Included in a Divorce Records In Roanoke County

Divorce records in Roanoke County comprise multiple documents that collectively document the legal dissolution of marriage. The content of these records varies based on the complexity of the case, whether the divorce was contested or uncontested, and whether minor children were involved.

A typical divorce file in Roanoke County contains:

Complaint for Divorce: The initial filing that states the grounds for divorce under Virginia Code § 20-91 or § 20-95, and requests specific relief
Summons: Official notice to the respondent about the divorce action
Proof of Service: Documentation showing the respondent received legal notice
Answer: The respondent's formal reply to the complaint
Property Settlement Agreement: Document detailing the division of marital assets and debts (if reached by the parties)
Child Custody and Support Provisions: Arrangements for minor children, if applicable, including:
- Physical and legal custody determinations
- Visitation schedules
- Child support calculations and payment terms
Spousal Support Determinations: Details regarding alimony or maintenance payments
Final Decree of Divorce: The court's final judgment that legally terminates the marriage and incorporates all agreements and court decisions
Name Change Order: If either party requested restoration of a former name
Qualified Domestic Relations Orders (QDROs): Special orders for dividing retirement accounts
Certificates of Divorce: Official vital records document summarizing key information about the divorce

The divorce certificate maintained by the Virginia Department of Health contains more limited information, including:

Names of both parties
Date and place of marriage
Date and place of divorce
Case number
Grounds for divorce
Name of presiding judge

Researchers should note that financial affidavits, psychological evaluations, and certain other sensitive documents may be sealed or restricted from public access even when the main divorce file is publicly accessible.

How To Get Proof of Divorce In Roanoke County?

Individuals requiring legal proof of divorce in Roanoke County have several options for obtaining official documentation, depending on the level of certification needed and the intended use of the document.

For certified proof of divorce:

Certified Copy of Final Decree: Available from the Roanoke County Circuit Court Clerk's Office

Roanoke County Circuit Court Clerk's Office
305 East Main Street
Salem, VA 24153
(540) 387-6205
Roanoke County Circuit Court Clerk's Office

Requirements:
- Written request identifying the case
- Photo identification
- Payment of certification fee ($2.50 per document plus $0.50 per page)
Certified Divorce Certificate: Available from the Virginia Department of Health's Division of Vital Records

Virginia Department of Health - Division of Vital Records
2001 Maywill Street, Suite 101
Richmond, VA 23230
(804) 662-6200
Virginia Department of Health - Division of Vital Records

Requirements:
- Completed application form
- Proof of identity
- Documentation of eligibility to receive the record
- Payment of $12 fee per certificate

For non-certified proof of divorce:

Case Information Sheet: A printout from the court's case management system showing the case disposition
Divorce Record Search Letter: A letter from the Clerk's Office confirming the existence of a divorce record

For international use, additional authentication may be required:

Apostille: For countries that are signatories to the Hague Convention, available through the Virginia Secretary of Commonwealth's Office
Authentication Certificate: For non-Hague countries, available through the U.S. Department of State after state certification

Requesters should specify the intended use of the divorce proof when making their request, as different agencies and purposes may require specific forms of documentation. For example, name changes with the Social Security Administration typically require the actual Final Decree, while remarriage licenses may only require the divorce certificate.

Can a Divorce Be Confidential In Roanoke County?

While divorce proceedings in Roanoke County are generally matters of public record, Virginia law provides several mechanisms through which parties may protect sensitive information or, in limited circumstances, maintain confidentiality of divorce proceedings.

Pursuant to Virginia Code § 20-124, the court may take steps to protect privacy in divorce cases under the following circumstances:

Sealing Specific Documents: Upon motion by either party, the court may seal particular documents containing sensitive information such as:
- Financial records and tax returns
- Medical and mental health records
- Information related to domestic violence
- Child custody evaluations
- Guardian ad litem reports
Protective Orders: The court may issue protective orders limiting disclosure of certain information discovered during proceedings
Redaction Requirements: Certain information must be redacted from all filings pursuant to Virginia Supreme Court Rule 1:5, including:
- Social Security numbers
- Financial account numbers
- Minors' names (in certain contexts)
- Date of birth information
Closed Hearings: In exceptional circumstances, the court may close hearings to the public, particularly when matters involve:
- Child abuse or neglect
- Sexual assault
- Domestic violence
- Matters where publicity would cause harm to minor children
Confidential Alternative Dispute Resolution: Parties may utilize mediation or collaborative divorce processes, the content of which remains confidential even if the final agreement becomes part of the public record

Complete confidentiality of divorce proceedings is rare and granted only in exceptional circumstances where the court finds that the harm from public access clearly outweighs the public interest in open court proceedings. Parties seeking confidentiality must file specific motions articulating the legal and factual basis for restricting public access.

The Roanoke County Circuit Court Clerk's Office can provide guidance on local procedures for filing motions to seal records or request confidential proceedings, though such requests are ultimately decided by the presiding judge on a case-by-case basis.

How Long Does a Divorce Take In Roanoke County?

The duration of divorce proceedings in Roanoke County varies significantly based on multiple factors, including the type of divorce, level of agreement between parties, court caseload, and complexity of issues requiring resolution.

Timeframes for different types of divorce in Roanoke County:

Uncontested Divorce with No Minor Children:
- With a written settlement agreement: 2-3 months from filing
- Using the affidavit procedure (no court appearance): 1-2 months after waiting period
- Minimum waiting period: 6 months if separated with a written agreement
Uncontested Divorce with Minor Children:
- With a comprehensive settlement agreement: 3-4 months from filing
- Minimum waiting period: 12 months of separation regardless of agreement
Contested Divorce:
- Simple contested matters: 6-9 months
- Complex contested matters (significant assets or custody disputes): 12-18 months
- Highly litigious cases with multiple hearings: 18-24+ months

Factors that influence timeframes include:

Statutory Waiting Periods: Virginia law requires parties to be separated for at least:
- 6 months if there are no minor children and the parties have a written separation agreement
- 12 months in all other cases
Service of Process: Locating and serving an uncooperative spouse can add weeks or months
Discovery Process: Exchange of financial information and depositions typically takes 2-4 months
Court Scheduling: The Roanoke County Circuit Court currently schedules contested divorce trials approximately 3-5 months from the date of request
Judicial Caseload: According to the Virginia Judicial System, the average time from filing to disposition for contested divorces in the Twenty-Third Judicial Circuit (which includes Roanoke County) is approximately 10 months
Attorney Availability: Scheduling conflicts among attorneys can extend timeframes
Settlement Negotiations: Ongoing negotiations may delay final hearing dates but ultimately expedite resolution

Parties seeking the most expeditious divorce should consider:

Reaching comprehensive written agreements before filing
Using collaborative divorce or mediation processes
Promptly responding to discovery requests
Considering the affidavit procedure for uncontested matters

The Roanoke County Circuit Court Clerk's Office can provide current information on processing times and scheduling practices.

How Long Does Roanoke County Keep Divorce Records?

Divorce records in Roanoke County are subject to retention schedules established by the Library of Virginia and the Virginia Supreme Court pursuant to Virginia Code § 42.1-86. These schedules determine how long different types of divorce records must be maintained before potential destruction or transfer to archival storage.

The retention periods for divorce records in Roanoke County are as follows:

Final Decrees of Divorce: Permanent retention
- These documents are never destroyed and remain in the Circuit Court Clerk's Office permanently
- After 10 years, they may be transferred to microfilm or electronic format, but the information is preserved indefinitely
Complete Divorce Case Files:
- Cases decided before 1913: Permanent retention as historical records
- Cases decided 1913-present: Minimum 50-year retention from date of final order
- After 50 years, non-permanent case materials may be destroyed after microfilming
Divorce Certificates (Virginia Department of Health):
- Permanent retention dating back to 1918
- Maintained by the Division of Vital Records indefinitely
Divorce Indices and Docket Books:
- Permanent retention
- These finding aids are preserved to maintain accessibility to the records
Exhibits and Evidence:
- Retained for 1 year after the appeal period expires
- May be reclaimed by the submitting parties during this period
- Unclaimed exhibits may be destroyed after the retention period
Digital Records:
- Subject to the same retention periods as paper records
- Backup systems and migration protocols ensure long-term preservation

Researchers seeking historical divorce records should note that older records may be:

Stored in the Library of Virginia's archives rather than the courthouse
Available only in microfilm or other non-original formats
Subject to different access procedures than current records

The Roanoke County Circuit Court Clerk's Office maintains the official custody of divorce records throughout their retention period and can provide guidance on accessing both current and historical divorce records.

How To Get a Divorce In Roanoke County

Individuals seeking to dissolve a marriage in Roanoke County must follow specific procedures established by Virginia law. The divorce process varies depending on whether the divorce is contested or uncontested.

For an uncontested divorce in Roanoke County:

Establish Residency: At least one spouse must have been a resident of Virginia for at least six months prior to filing.
Determine Grounds: Virginia recognizes both fault-based and no-fault grounds for divorce. For no-fault divorce, parties must be separated for:
- 6 months if there are no minor children and the parties have a written separation agreement
- 12 months in all other cases
Prepare and File Complaint: File a Complaint for Divorce with the Roanoke County Circuit Court:

Roanoke County Circuit Court
305 East Main Street
Salem, VA 24153
(540) 387-6205
Roanoke County Circuit Court

Required documents include:
- Complaint for Divorce
- VS-4 Form (statistical information)
- Cover Sheet for Civil Actions
- Filing fee (approximately $91)
Serve the Complaint: The non-filing spouse must be legally served with the divorce papers through:
- Sheriff's service
- Private process server
- Certified mail with return receipt
- Acceptance/waiver of service if cooperative
Wait for Response: The respondent has 21 days to file an Answer to the Complaint.
Submit Settlement Agreement: If applicable, file a comprehensive Property Settlement Agreement addressing:
- Division of assets and debts
- Spousal support arrangements
- Child custody, visitation, and support (if applicable)
Attend Hearing or Submit Affidavits: Depending on the circumstances:
- Ore tenus (oral) hearing before a judge
- Deposition or affidavit procedure for uncontested matters
Obtain Final Decree: After the judge signs the Final Decree of Divorce, it must be filed with the Clerk's Office to become effective.

For contested divorces, additional steps include:

Formal discovery process
Temporary hearings for support and custody
Settlement conferences
Possible appointment of guardians ad litem for children
Trial on contested issues

Individuals may represent themselves in divorce proceedings, but the Virginia Judicial System recommends seeking legal counsel, particularly for complex cases involving children or significant assets.

How To Get Divorce Papers In Roanoke County

Individuals initiating divorce proceedings in Roanoke County must obtain and complete the appropriate legal forms. Several methods exist for acquiring these documents, depending on the complexity of the case and whether professional assistance is desired.

To obtain divorce papers in Roanoke County:

Circuit Court Clerk's Office: Visit in person to request the basic divorce packet:

Roanoke County Circuit Court Clerk's Office
305 East Main Street
Salem, VA 24153
(540) 387-6205
Roanoke County Circuit Court Clerk's Office

Hours: Monday through Friday, 8:30 AM to 4:30 PM

Available forms include:
- Complaint for Divorce
- VS-4 Form (vital statistics)
- Civil Action Cover Sheet
- Service instructions
- Financial declaration forms
Roanoke County Law Library: Access self-help resources and form books:

Roanoke County Law Library
305 East Main Street, 2nd Floor
Salem, VA 24153
(540) 387-6396

Resources include:
- Virginia Practice forms
- Sample pleadings
- Legal research materials
Virginia Judicial System Website: Download standardized forms from the Virginia Court System Forms page, including:
- Divorce forms
- Fee waiver applications
- Child support worksheets
- Service documents
Legal Aid Society of Roanoke Valley: Obtain assistance with forms for qualifying low-income individuals:

Legal Aid Society of Roanoke Valley
132 Campbell Avenue SW, Suite 200
Roanoke, VA 24011
(540) 344-2088
Legal Aid Society of Roanoke Valley
Private Attorneys: Retain legal counsel to prepare customized divorce documents:
- Virginia State Bar Lawyer Referral Service: (800) 552-7977
- Roanoke Bar Association: (540) 342-4905

Important considerations when obtaining divorce papers:

Standard forms may not address complex situations involving significant assets, businesses, or contested custody
Incorrect completion of forms may result in delays or dismissal
Filing fees (approximately $91) are required regardless of where forms are obtained
Additional forms may be required for specific circumstances (e.g., name restoration, qualified domestic relations orders)

Individuals should note that while court personnel can provide forms, they cannot offer legal advice on how to complete them or strategies for divorce proceedings. The Roanoke County divorce filing information page provides additional guidance on the filing process.

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