Fairfax County Divorce Decree Records

Fairfax County divorce decree records are held by the Circuit Court Clerk at the courthouse in Fairfax. The clerk handles all divorce filings, stores final decrees, and issues certified copies to those who qualify under Virginia law.

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Fairfax County Overview

1.15M+ Population
$60 Filing Fee
Fairfax County Seat
19th Circuit Judicial Circuit

Fairfax County Circuit Court Clerk

The Fairfax County Circuit Court Clerk is the office that keeps all divorce records for the county. The Clerk's Civil Division handles dissolution filings, stores case files, and issues certified copies of final decrees. Christopher S. Falcon serves as the Clerk of Circuit Court. Fairfax County runs the largest circuit court in Virginia by case volume, so staff deal with a high number of divorce matters each year.

The courthouse sits on Chain Bridge Road in the city of Fairfax, which is the county seat. Note that the city of Fairfax is an independent city and not part of the county for government purposes, but the Circuit Court serves both. The Civil Intake Division is the place to go for new filings or to pick up certified copies of old decrees. For cases filed after 1980, records are generally available while you wait. Older records may need more time to pull.

The Fairfax Public Law Library is in Suite 115 of the courthouse building. It has computers and legal resources for people researching divorce law on their own. If you need to look up statutes or court rules, the library is a good place to start. The Fairfax Bar Association also offers a lawyer referral service at (703) 246-3780 for those who need an attorney.

The courthouse screenshot below shows the Fairfax County Circuit Court Clerk's online portal, which is one of the few in Virginia that offers a digital path for requesting records.

Fairfax County Circuit Court Clerk website

The Fairfax County Circuit Court's official site at fairfaxcounty.gov/circuit provides access to case information and instructions for requesting divorce records.

Office Fairfax County Circuit Court Clerk - Civil Division
Address 4110 Chain Bridge Road
Fairfax, VA 22030
Phone (703) 246-4111
Hours Monday through Friday, 8:00 AM to 4:00 PM
Clerk Christopher S. Falcon
Website fairfaxcounty.gov/circuit

Fairfax County Divorce Decree Fees

Fees in Fairfax County follow Virginia state law. The filing fee for a divorce is $60 under Virginia Code § 17.1-275. That fee includes the first certified copy of your final decree at no extra cost. It is one of the better deals in the state, since you get the key document you need right away.

Other costs you may run into during a Fairfax County divorce include a service fee if the sheriff's office serves your spouse, a fee to resume a maiden name if you request it at the time of filing, and per-page copy fees of $0.50 for any additional copies of the decree or other documents. All fees are paid to the Clerk of the Circuit Court. The office accepts cash, cashier's checks, and money orders. Personal checks are not accepted.

For divorce certificates (not decrees), the Fairfax County Health Department charges $12 per copy. That fee is set by state law under Virginia Code § 32.1-273. The health department is at 10777 Main Street, Suite 100, Fairfax, VA 22030, phone (703) 246-2411, open Monday through Friday 8:00 AM to 4:00 PM. Note that the health department issues certificates only. For full decrees and case files, you must go through the Circuit Court Clerk.

Note: Fee waivers may be available for those who cannot afford court costs. Ask the Civil Intake Division about the process when you file or call (703) 246-4111 to find out if you qualify.

Filing for Divorce in Fairfax County

To file for divorce in Fairfax County, one spouse must have lived in Virginia for at least six months before filing, as required by Virginia Code § 20-97. There is no separate county residency period beyond the state rule. If you meet the state requirement, you can file here.

Virginia law sets the grounds for divorce under Virginia Code § 20-91. The most common path is no-fault separation. If there are no minor children and both parties have signed a separation agreement, you can file after six months apart. If there are minor children, or no agreement has been signed, the separation period is one year. Fault grounds include adultery, felony conviction with confinement, cruelty, and willful desertion. After one year from any fault act, the innocent party may file.

The filing process starts at the Civil Intake Division. You will file a Divorce Complaint along with a VS-4 State Statistical Form and a Domestic Case Coversheet. Both forms are available at the courthouse or from the clerk's website. Your spouse must be served with the papers unless they sign a waiver. Fairfax County places all divorce cases in the Domestic Track of the Case Status Team once filed.

The Fairfax Bar Association, in partnership with the county, offers a Pro Se Divorce Package for people who represent themselves. It includes step-by-step instructions, all needed forms, filing procedures, and fee schedules. You can get the package at the Civil Intake Division or download it from the court website. Key forms include the Acceptance/Waiver of Service of Process (State Form CC-1406), the Addendum for Protected Identifying Information (State Form CC-1426), and the Publication Affidavit and Order of Publication.

Separation Period: Virginia requires living separate and apart before a no-fault divorce can be filed. Six months applies when there are no minor children and a written agreement is in place. One year applies in all other cases.

What Fairfax County Divorce Records Contain

Divorce records at the Fairfax County Circuit Court include several types of documents. The Divorce Complaint is the first paper filed. It names both parties, states the grounds, and lists what the petitioner is asking for. The case file grows from there as more papers are added, including service of process records, financial affidavits, motions, orders, and eventually the final decree.

The Final Decree of Divorce is the document most people need. It is a court order that ends the marriage and sets the terms. It will spell out how property is divided, what happens with spousal support, and if children are involved, the custody arrangement and support amounts. If one spouse is resuming a prior name, the decree will show that too. Certified copies of the final decree are what banks, the DMV, and other agencies want to see as proof of the divorce.

Virginia law requires that each final decree include the parties' social security numbers or DMV-issued control numbers under Virginia Code § 20-91. The clerk forwards a report of each final decree to the State Registrar each month per Virginia Code § 32.1-268. That report is how the state tracks divorce statistics and creates divorce certificates through the health department.

Some documents inside a divorce file may be restricted. Financial source documents like tax returns and pay stubs can be sealed. Records involving children often have limited access. If a party files a motion under Virginia Code § 20-124, the court can seal the whole file from public view. Even sealed records remain accessible to the named parties and their attorneys.

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Cities Near Fairfax County

Several independent Virginia cities are near or adjacent to Fairfax County. Divorce cases in those cities are filed with that city's own Circuit Court, not the county clerk.

Nearby Counties

These counties border or are near Fairfax County. Each has its own Circuit Court Clerk for divorce filings within that county.