Access Highland County Divorce Records

Highland County divorce records are kept by the Circuit Court Clerk's Office in Monterey, Virginia. If you need a certified copy of a divorce decree, want to look up an old case, or are searching for divorce documents for legal use, the clerk's office is the place to go. Highland County has been recording divorce cases since 1850, when the county was established. This page walks you through how to request records, what the fees are, and who qualifies to access them.

Circuit Court Clerk Office

All divorce cases in Highland County are filed in the Circuit Court. Virginia Code § 20-96 gives circuit courts exclusive jurisdiction over all divorce and annulment matters in the Commonwealth. The clerk's office holds the official record of every divorce that has been granted in this county.

Hon. Judy W. Hupman is the Clerk of Circuit Court for Highland County. Highland is one of Virginia's smallest and most rural counties, with just a handful of staff at the courthouse. Mail requests may take a bit longer to process than in larger counties. Call ahead before visiting to confirm the office is open and staffed for record requests.

Types of Divorce Records

Virginia keeps divorce records at two levels: state and county. Understanding which type you need is important before you make a request.

Divorce certificates are short documents issued by the Virginia Department of Health. They confirm that a divorce occurred and include party names, the date, and the county. VDH has maintained these records since 1918. They do not include terms of the divorce itself.

Final divorce decrees are the actual court orders. They include all the details: property division under § 20-107.3, spousal support, child custody, and name changes if applicable. These are held by the Highland County Circuit Court Clerk's office.

Divorce case files are everything that was filed during the case. That includes the complaint, summons, financial statements, motions, and any orders made along the way. Case files give the most complete record of a divorce case and are also at the clerk's office. For Highland County cases, records go back to 1850.

How to Request Records

You can request Highland County divorce records in person, by mail, or by searching online for basic case information.

In-person is the most direct option. Go to 165 West Main Street in Monterey during business hours. Bring a valid photo ID. Tell the clerk both parties' names and the year of the divorce. If you have the case number, bring it. Staff can find the file and provide copies. Given the small size of the office, allow some flexibility in timing.

For mail requests, write to P.O. Box 398, Monterey, VA 24465. Include both parties' names, the year of the divorce, your return address, and a check or money order for copying fees. Add a stamped, self-addressed envelope for the response.

Online, the Virginia Judicial System case search tool lets you look up basic case data for many Virginia circuit courts. You can check case status and find a case number. Full documents are only available from the clerk's office.

Fees and Access Rules

Under § 17.1-275, the first certified copy of a final divorce decree is free to the parties named in the case. That applies in Highland County the same as everywhere in Virginia. Additional copies cost $0.50 per page. Certified copies of other documents are $2.00 per document plus per-page copy fees.

Divorce certificates from VDH cost $12 each. Requests go to the Virginia Department of Health, Office of Vital Records, at 8701 Park Central Drive, Suite 100, Richmond, VA 23227, phone 804-662-6200. Start a request online at vdh.virginia.gov/vital-records, but print, sign, and submit with ID and payment.

Access to records depends on age. § 32.1-271 restricts VDH divorce records for 25 years. Only parties, immediate family, or attorneys can get them during that period. After 25 years, anyone can request them. If a court sealed a record under § 20-124, it stays restricted indefinitely.

Filing a new divorce case in Highland County costs $60, the same as across all of Virginia.

Divorce Law Basics for Highland County

Virginia law governs all divorce proceedings in Highland County, as it does statewide. You must be a Virginia resident for at least six months before filing. The grounds for divorce are set out in § 20-91.

No-fault divorce is available after one year of separation. If both parties have signed a separation agreement and there are no minor children, the wait drops to six months. Fault-based grounds include adultery, felony conviction with imprisonment, cruelty, and desertion.

Virginia is an equitable distribution state. Courts divide marital property and debts based on several factors listed in § 20-107.3. This does not mean a 50/50 split. The court looks at contributions, circumstances, and other factors to reach a fair division.

For legal help, the Virginia Judicial System's self-help divorce page and the Virginia State Bar's guide to divorce are both good starting points. Low-income residents can check with Virginia Legal Aid to see if they qualify for free legal assistance.

Nearby Counties

These Virginia counties are near Highland County. Each has its own Circuit Court for divorce filings and local record keeping.