Henry County Divorce Record Lookup

Henry County divorce records are kept by the Circuit Court Clerk's Office in Martinsville, Virginia. The clerk maintains all divorce case files, final decrees, and related court documents for cases filed in this county. Henry County has divorce records going back to 1909. This page explains how to find and request divorce records in Henry County, what fees apply, who can access records, and where to get help if you need it.

Circuit Court Clerk Office

Divorce cases in Henry County are handled exclusively by the Circuit Court. Virginia Code § 20-96 gives circuit courts jurisdiction over all divorce and annulment proceedings in the state. The clerk's office keeps the official record of every case that has been filed here.

Hon. Jennifer Ashworth serves as the Clerk of Circuit Court for Henry County. The clerk's office handles divorce filings, deed recordings, wills, and marriage licenses. Staff can tell you what records exist and how to request them, but they cannot give legal advice or help you fill out forms. Henry County's clerk hours extend to 5:00 PM, later than most Virginia circuit courts.

What Divorce Records Exist

There are three types of divorce records in Virginia, and they are held in different places. Knowing which you need saves time.

Divorce certificates are issued by the Virginia Department of Health. VDH has records from 1918 to the present. A certificate is a brief document that confirms a divorce happened. It names both parties, gives the date, and shows the county. It does not include the terms of the divorce settlement or custody orders.

Final divorce decrees are the actual court orders signed by the judge. They set out property division under § 20-107.3, spousal support if any, child custody and visitation, and any name restoration. These are kept at the Henry County Circuit Court Clerk's office.

Divorce case files include everything filed during the proceedings: the complaint, financial statements, summons, motions, and any other papers submitted to the court. Case files are also at the clerk's office and give the most complete picture of how a divorce case was handled.

How to Get Henry County Divorce Records

Three options are available: visit in person, mail a request, or search online for basic case data. In-person visits tend to be fastest.

Come to 3160 Kings Mountain Road, Suite B in Martinsville during the hours listed above. Bring a photo ID. Tell the clerk both parties' names and the year the divorce was entered. A case number is helpful but not required. The clerk can locate the file and provide copies.

Mail requests should be sent to the same address. Your letter should include both parties' names, the year of the divorce, your contact information, and payment for copy fees. Include a stamped, self-addressed return envelope.

For online searches, the Virginia Judicial System's case search tool allows basic lookups of circuit court cases. You can check case status and find case numbers. Actual documents are not available online and must come from the clerk's office.

Access Rules

Who can get Henry County divorce records depends on how old the record is. § 32.1-271 restricts VDH divorce records for 25 years. During that period, only the parties named in the divorce, their immediate family (parents, children, siblings, spouse, grandparents), or their attorneys can request copies.

After 25 years, VDH divorce records become public. Anyone can request them at that point. Older records are transferred to the Library of Virginia for archival access. Social security numbers are removed from all public copies.

Court records at the clerk's office are generally accessible but some may be restricted if sealed. Under § 20-124, a party to the divorce can ask the court to seal the record. Sealed records remain confidential regardless of age.

Fees for Divorce Records

Under § 17.1-275, the first certified copy of a final divorce decree is free to the parties. This is a statewide rule that applies in Henry County. You pay nothing for the first certified copy if you were a party to the divorce.

Beyond the first copy, fees are $0.50 per page for regular copies and $2.00 per document for certified copies (plus per-page fees). A small search fee may also apply for older records depending on the clerk's practices.

Divorce certificates from VDH cost $12 per copy. You can start a request online at vdh.virginia.gov/vital-records, but the form must be printed, signed, and submitted by mail or in person with a valid ID and payment. The VDH office is located in Richmond at 8701 Park Central Drive, Suite 100, and is open weekdays for walk-in service.

Filing a new divorce in Henry County costs $60. That amount is the same everywhere in Virginia, with $10 of it going to the Courts Technology Fund.

Help and Legal Resources

Henry County residents can find help with divorce questions at several free or low-cost sources.

The Virginia Judicial System maintains a self-help divorce page explaining the basics of Virginia divorce law in plain terms. It covers both types of divorce, what a case includes, and how to handle matters like custody and support without hiring a lawyer.

The Virginia State Bar's guide to divorce in Virginia explains equitable distribution, the difference between a divorce from bed and board and a full divorce, and what fault-based grounds mean. The guide is free and written for the general public.

Low-income residents may qualify for free help from Virginia Legal Aid. Legal Aid can assist with divorce filings, custody disputes, and protective orders. Eligibility is income-based. Contact the closest office to see if you qualify.

Virginia requires six months of state residency before you can file for divorce. § 20-91 sets out the grounds for divorce in Virginia. No-fault divorce requires one year of separation, or six months if there are no minor children and you have a signed separation agreement.

Nearby Counties

These Virginia counties are near Henry County. Each has its own Circuit Court handling divorce filings and maintaining local records.