Find Divorce Records in Craig County

Craig County divorce records are filed and maintained at the Circuit Court Clerk's office in New Castle, the county seat. The 25th Judicial Circuit serves Craig County, and divorce case records date back to 1851 when the county was established. If you need to look up a case, get a copy of a final decree, or confirm that a divorce was granted in this county, the clerk's office is your primary point of contact.

Circuit Court Clerk's Office

The Craig County Circuit Court handles all divorce filings in the county. Under Virginia Code § 20-96, the circuit court is the only court with jurisdiction over divorce and annulment cases in Virginia.

Craig County is a small, rural county in the Alleghany Highlands region of western Virginia. The clerk's office sees fewer filings than urban counties, which can make processing faster. However, staff cannot give legal advice. Residents who need help with the process can turn to Virginia Legal Aid or the Virginia Courts self-help site.

Note: If you send a written request by mail, include your contact information and a self-addressed stamped envelope. The clerk will contact you if any questions come up about your request.

How to Request Divorce Records

Getting divorce records in Craig County is straightforward. You can go in person to the clerk's office on Main Street in New Castle, or you can mail a written request. Either way, you need to provide the names of both parties and the approximate year the divorce was filed or granted.

Access to records less than 25 years old is limited by Virginia Code § 32.1-271. Only the parties named in the case, their immediate family (parents, children, siblings, grandparents), and their attorneys can view these records. After 25 years, the records are open to the public. Social security numbers are always redacted from any copy that leaves the clerk's office.

The first certified copy of a final divorce decree is free under Virginia Code § 17.1-275. More copies cost $0.50 per page. The filing fee for a divorce case in circuit court is $60.

If you want an older certificate, or just need basic proof that a divorce happened, contact the Virginia Department of Health. VDH holds divorce certificates from 1918 onward at the statewide level, and their records cost $12 each.

Grounds and Requirements for Divorce in Virginia

Virginia law sets clear rules for who can file and on what grounds. You or your spouse must have lived in Virginia for at least six months before filing. Craig County residents file at the courthouse in New Castle.

The most common route is no-fault divorce, governed by Virginia Code § 20-91. You must show that you and your spouse have lived apart, without cohabiting, for one full year. If you have a written separation agreement and no minor children, that waiting period is six months. Fault-based grounds include adultery, felony imprisonment, cruelty, and abandonment. Proving fault requires concrete evidence.

After the divorce is granted, the clerk sends a report to the Virginia Department of Health each month, as required by state law. That report generates the divorce certificate record. The decree itself stays on file at the courthouse. Both documents serve different purposes, so knowing which one you need before you request it saves time.

For guidance on the process, the Virginia State Bar publishes a plain-language overview of divorce law in Virginia. It covers property rights, support, and custody in clear terms.

Property Division and What the Decree Covers

Craig County divorce decrees can address multiple issues beyond just ending the marriage. Under Virginia Code § 20-107.3, courts can divide marital property and debts, order monetary awards, and transfer jointly-owned property. This equitable distribution process does not require a 50-50 split. The judge looks at factors like each spouse's contributions and the length of the marriage.

The decree may also address spousal support, child custody, and visitation rights. Name changes are sometimes included too. These details make the final divorce decree a much richer document than a VDH certificate. If you need records that show specific terms of a divorce settlement, the circuit court case file is the right source.

Under Virginia Code § 20-124, a party can request that the case record be sealed. Sealed records are not accessible to the public even after the 25-year period ends. If a record appears to be missing or inaccessible, it may have been sealed by court order.

Nearby Counties

These Virginia counties are near Craig County. Each maintains its own Circuit Court divorce records.