Chesapeake Divorce Records
Divorce decree records in Chesapeake are held by the Chesapeake Circuit Court Clerk. Chesapeake is an independent city in Virginia, so it has its own Circuit Court that is separate from any surrounding county. About 250,000 people live here, making it one of the larger cities in the state. The Clerk's office keeps all divorce case files, and you can get certified copies of a Final Decree of Divorce there in person. Virginia also lets you get a short-form divorce certificate from the Virginia Department of Health. Both are valid for most legal uses, but they serve different purposes. This page explains how to search, what records look like, what they cost, and what to do if you need to file for divorce in Chesapeake.
Chesapeake Overview
Chesapeake Circuit Court Clerk
The Chesapeake Circuit Court Clerk is the primary office for all divorce records in the city. Because Chesapeake is an independent city, it does not belong to any county. The Circuit Court here handles all family law cases, including divorce, and the Clerk's office stores every case file. If you need a certified copy of a Final Decree of Divorce, this is where you go.
The Clerk's office can search case files by party name or case number. Staff can pull records and make copies. Certified copies are what most agencies, banks, and courts will accept as proof of a divorce. Plain copies cost less. Call ahead to ask about current wait times and what ID you need to bring.
| Office | Chesapeake Circuit Court Clerk |
|---|---|
| Address | 307 Albemarle Drive Chesapeake, VA 23322 |
| Phone | (757) 382-3000 |
| Hours | Monday through Friday, 8:30 AM to 4:30 PM |
| Website | vacourts.gov |
Bring a valid photo ID when you visit. If you are requesting records for someone else, you may need to show a signed release or proof that you are an immediate family member. Under Virginia Code § 32.1-271, divorce records are not public for 25 years after the divorce is granted. Only the parties and certain close relatives can get them during that time.
How to Search Chesapeake Divorce Records
You can search Chesapeake divorce records online or in person. Online tools give you basic case details. A visit to the Clerk's office lets you see the full file and get certified copies the same day.
The Virginia Courts Case Information system at vacourts.gov has a public search tool. You can look up cases by name or case number. The system shows case type, status, and some docket entries. It does not show the full file, but it can confirm whether a divorce was filed and what the outcome was.
To search, you need at least one of the following:
- Full name of one or both spouses
- Approximate year the case was filed
- Case number if you have it
In-person searches at the Clerk's office are often the most complete. Staff can look up older cases that may not appear online and can pull the physical file if needed. If you only need a short-form divorce certificate, the Virginia Department of Health also keeps those records and can mail them to you.
The Virginia Department of Health Vital Records office at vdh.virginia.gov/vital-records maintains divorce certificates for cases from 1918 to present. A certificate costs $12. It shows the names of both parties, the date of the divorce, and the court. It does not include the full terms of the decree, so it works for proving a divorce happened but not for reviewing the settlement or custody terms.
Chesapeake Divorce Decree Fees
Divorce fees in Chesapeake follow Virginia state law. The filing fee to start a divorce case is $60 under Virginia Code § 17.1-275. That fee covers the initial filing only. Other costs depend on what you need.
For copies of divorce records, the first certified copy is free under § 17.1-275. After that, additional copies cost $0.50 per page plus a $2 certification fee per document. If you want a plain copy without certification, the per-page rate still applies but the $2 fee does not.
Common fees you may encounter:
- Filing fee (Circuit Court): $60
- First certified copy of decree: free
- Additional certified copies: $0.50/page + $2 certification
- Divorce certificate (VDH): $12 each
- Service of process: varies by method
If you can't afford the filing fee, Virginia allows you to request a fee waiver. Ask the Clerk's office for the form and fill out your income and expense information. The court decides if you qualify. People who receive public benefits or earn below the poverty threshold often qualify.
The VDH charges $12 for each divorce certificate. You can request them by mail or in person at 8701 Park Central Drive, Suite 100, Richmond, VA 23227. Call (804) 662-6200 for more information. Office hours are Monday through Friday, 8:00 AM to 4:30 PM.
Filing for Divorce in Chesapeake
To file for divorce in Chesapeake, you must meet Virginia's residency rule. Under Virginia Code § 20-97, at least one spouse must have lived in Virginia for six months before filing. You file at the Chesapeake Circuit Court because Chesapeake is an independent city with its own court.
Virginia has both fault and no-fault grounds for divorce. The most common no-fault ground is separation. For couples without minor children who have a written separation agreement, the required separation period is six months. For all other couples, it is one year. Fault grounds include adultery, cruelty, desertion, and felony conviction resulting in confinement.
The process works like this. One spouse files a Complaint for Divorce at the Circuit Court. The other spouse is then served with the papers. If both parties agree on all issues, an uncontested divorce can move quickly. If they disagree on property, support, or child custody, the case may take longer and require mediation or a trial. The judge signs the Final Decree of Divorce at the end.
Virginia does not require a waiting period after filing the way some states do. However, you still need to meet the separation period before you can finalize the divorce. No-fault cases need at least six months of separation (with a written agreement and no minor children) or one year before the court will grant the decree.
After the judge signs the decree, the Circuit Court Clerk files it. That document becomes the official record of your divorce. If you need copies later for name changes, mortgage applications, or other legal purposes, you can get them from the Chesapeake Circuit Court Clerk.
What Chesapeake Divorce Records Contain
A Final Decree of Divorce from the Chesapeake Circuit Court is a detailed legal document. It includes the names of both spouses, the date of the divorce, the grounds granted, and the court's orders on every contested issue. Most decrees run several pages.
The decree typically covers:
- Names and addresses of both parties
- Date of marriage and date of separation
- Grounds for divorce as granted by the court
- Division of marital property and debts
- Spousal support terms, if any
- Child custody and visitation schedule, if applicable
- Child support amount, if applicable
- Name restoration, if requested
A short-form divorce certificate from the Virginia Department of Health is a different document. It only shows the names, date, and court. It does not include property division or custody details. Use the full decree when you need the actual terms. Use the certificate when you only need to prove the divorce happened.
Keep your original decree in a safe place. If you lose it, you can get a certified copy from the Chesapeake Circuit Court Clerk, but there is a fee. It is better to make a few copies when you first get it and store one in a fireproof location.
Legal Help in Chesapeake
Several organizations provide legal help to Chesapeake residents dealing with divorce. Some are free. Others charge reduced rates based on income. It is worth checking what is available before you try to handle a complicated case on your own.
Virginia Legal Aid at valegalaid.org serves low-income residents across the state, including those in Chesapeake. They handle family law cases and can help with divorce paperwork, protection orders, and custody matters. Income limits apply.
The Virginia State Bar runs a lawyer referral service at vsb.org. You can search for family law attorneys in the Chesapeake area and find someone who handles divorce cases. Many attorneys offer a free or low-cost first consultation.
If you want to file on your own, the Virginia Courts website at vacourts.gov has forms and instructions. Uncontested divorces without complex issues are manageable without an attorney. Contested cases with children, significant property, or support disputes are harder to handle alone.
The Virginia State Bar Lawyer Referral Service can also point you toward attorneys who handle cases on a limited scope basis. That means you hire a lawyer for just part of the case, such as reviewing a settlement agreement, rather than paying for full representation. This can save money while still getting expert input on key decisions.
The VDH screenshot below shows where to request official divorce certificates from the state vital records office.
The Virginia Department of Health Vital Records page is the official source for short-form divorce certificates going back to 1918.
Certificates cost $12 each and can be ordered online, by mail, or in person at the Richmond office on Park Central Drive.
Nearby Cities
These independent cities are near Chesapeake. Each has its own Circuit Court that handles divorce records.
Adjacent Counties
Chesapeake borders Isle of Wight County. Divorce records for residents in these areas are handled by their respective Circuit Court Clerks.