How to seal divorce records in Virginia? Five factors to seal.

By Randall J. Borden
Attorney

Remember: 

There is a premumption that records should be open.

No time limit for judge to act.

Salacious allegations not enough.

Five factors to seal:

1. Real harm that has occurred. Not just a theoretical future harm.
2. Privileged materials. Trade secrets, attorney/client privileged, personally identifiable info (like social security numbers.)  See Virginia Code 20-121.03.
3. Acillary or tangential that does not establish the court process.  For example, the complaint was filed but not litigated, meaning that there are no court decisions that provide precedent for future cases.
4. Children’s records. Common sense.
5. Wild allegations. Common Sense.

The records can be fully sealed or partially sealed. Again, Va. Code Section 20-121.03 requires certain information to be sealed, with the rest of the court file open to the public.

Look at

Falkoff v. Falkoff. CL-2016-14102, Dec. 6, 2019; Fairfax Cir. Ct. (Oblon)

Shenandoah Pub’g House, Inc. v. Fanning, 235 Va. 253 (1988)

Va. Code Section 20-121.03

About the Author

Randall J. Borden is a seasoned attorney with over 30 years of legal practice in Virginia, specializing in family law. His extensive experience encompasses a broad range of family law matters, including but not limited to, Custody, Child Visitation, Divorce, Property Settlement, and Spousal Support. Randall's approach to law is client-focused, ensuring that each individual receives personalized attention and tailored legal strategies that best suit their unique situation. Throughout his career, Randall has built a reputation for being a tenacious advocate for his clients, while maintaining a level of compassion and understanding that is crucial in family law cases. His commitment to providing high-quality legal services is evident in his thorough preparation, meticulous attention to detail, and unwavering dedication to securing the best possible results for those he represents.