Clarke County Divorce Decree Search
Clarke County divorce decree records are filed with the Circuit Court Clerk in Berryville, the county seat. If you are looking for a final decree or case documents from a Clarke County divorce, the Clerk's office holds those records. Divorce certificates, which are a separate document, are available through the Virginia Department of Health Office of Vital Records.
Clarke County Overview
Clarke County Circuit Court Clerk
The Clarke County Circuit Court Clerk is the official keeper of all divorce records filed in the county. The office holds final decrees, separation agreements, financial disclosures, custody orders, and every other document that is part of a divorce case file. This is where you go to get certified copies or to review a file in person.
Clarke County is a small county in the northern Shenandoah Valley, west of Winchester. It is part of the 26th Judicial Circuit, which it shares with Frederick and Warren counties. The courthouse is in Berryville, a short drive from Winchester. Given the county's size, the Clerk's office handles a modest number of divorce cases each year.
The filing fee for divorce in Virginia is $60 under Virginia Code § 17.1-275. That fee is paid to the Clerk when you file your complaint. It includes the first certified copy of the final decree. Additional copies cost $0.50 per page.
Clarke County residents can access divorce certificates through the Lord Fairfax Health District, which serves the county as part of the VDH system.
| Office | Clarke County Circuit Court Clerk |
|---|---|
| Address |
Clarke County Courthouse 102 N. Church Street Berryville, VA 22611 |
| Phone | (540) 955-5116 |
| Hours | Monday through Friday, 8:30 AM to 4:30 PM |
| Website | vacourts.gov - Clarke Circuit Court |
How to Search Clarke County Divorce Records
You can start your search for Clarke County divorce records online, then follow up by mail or in person for copies. The state's online portal is the first stop for most people.
Virginia's case information system is available at vacourts.gov. Enter a party name or case number to see basic case information. You will see the case type, filing date, and status. Document images are not available online. This is just to confirm the case exists and get the case number, which you will need if you request copies.
To get copies, you have three options. Visit the Clerk's office in Berryville during business hours. Bring photo ID. Staff can pull the file and make certified copies while you wait. You can also mail a written request. Include the names of both parties, the approximate year of the divorce, and the case number if you have it. Send the request with payment to cover copy fees. A self-addressed stamped envelope speeds up the return. Finally, for divorce certificates only, you can submit a request through the VDH online system at vdh.virginia.gov/vital-records.
Who can request records: Under Virginia Code § 32.1-271, divorce records are not public for 25 years. Only the parties named in the case, their immediate family (parents, spouse, children, siblings, grandparents), or attorneys may get copies during that period. Bring valid ID to prove your identity.
Clarke County Divorce Decree Fees
Clarke County follows the statewide fee schedule for divorce filings and record copies. There are no special local fees that differ from state law.
- Divorce filing fee: $60 (set by Virginia Code § 17.1-275)
- First certified copy of the final decree: free (included in filing fee)
- Additional certified copies from Circuit Court: $0.50 per page
- Divorce certificate from VDH Office of Vital Records: $12 per copy
Pay the filing fee to the Clerk by cash, cashier's check, or money order. Call the Clerk at (540) 955-5116 to confirm accepted payment methods before you mail anything in. For VDH certificates, check with their office about accepted payment forms. You can pay by check or money order made payable to State Health Department.
Low-income assistance: You may ask the court to waive fees if you cannot pay. Contact the Clarke County Circuit Court Clerk for information on the process and forms needed.
Filing for Divorce in Clarke County
Filing for divorce in Clarke County begins with meeting Virginia's residency requirement. At least one spouse must have lived in Virginia for six continuous months before the divorce is filed, as required by Virginia Code § 20-97.
Virginia allows both no-fault and fault-based divorce. No-fault divorce under Virginia Code § 20-91 requires the couple to live apart for at least one year. If there are no minor children and both parties have signed a property settlement agreement, the separation period is reduced to six months. Fault grounds include adultery, felony conviction with imprisonment, cruelty, and willful desertion or abandonment.
To start the process, file a Complaint for Divorce at the Clarke County Circuit Court Clerk's office in Berryville. You also file a VS-4 state statistical form and a Domestic Case Coversheet. The $60 filing fee is due at that time. The responding spouse must be served or must sign a waiver of service. Simple uncontested cases often close without a hearing. Contested cases may go to mediation. If mediation does not resolve matters, a judge holds a hearing. Once the judge signs the Final Decree, the Clerk enters it into the record and sends a report to the State Registrar under Virginia Code § 32.1-268.
What Clarke County Divorce Records Contain
A Clarke County divorce case file contains all documents filed from the time the complaint is submitted until the final decree is entered. This includes the complaint, service papers, any temporary orders, financial disclosures, property settlement agreements, and all motions filed during the case.
The Final Decree of Divorce is the document most people need. It is the judge-signed order that ends the marriage and sets out all terms. The decree covers property division, debt allocation, spousal support if any, and if there are children, custody, visitation, and support. It also records the grounds for divorce and any name change granted by the court.
A typical Clarke County divorce record includes:
- Full names of both parties
- Date and county of marriage
- Grounds cited for divorce
- Property division terms
- Child custody and support details if applicable
- Spousal support orders if any
- Name change authorization if requested
- Date of final decree and judge's name
Divorce records are restricted for 25 years under Virginia Code § 32.1-271. After that period, they become public. A court can also seal records under Virginia Code § 20-124 if a party files a motion showing good cause.
Legal Help in Clarke County
Legal resources in Clarke County are more limited than in larger urban areas, but help is available. Residents can reach out to regional legal aid organizations and state bar referral services.
Blue Ridge Legal Services provides free civil legal help to low-income residents in the Shenandoah Valley region, including Clarke County. They handle family law matters including divorce. Their main office is in Harrisonburg, but they serve Clarke County clients. Visit brls.org or call (540) 433-1830 to find out if you qualify for services.
The Virginia State Bar at vsb.org has a lawyer referral directory where you can search by practice area and location. For self-help, Virginia Legal Aid at valegalaid.org offers guides on the divorce process and links to official forms. Divorce and domestic relations forms are available from the Virginia Supreme Court at vacourts.gov/forms/circuit. You can download them and fill them out before visiting the Clerk's office.
Cities Near Clarke County
Clarke County is in the northern Shenandoah Valley, near these qualifying Virginia cities.
Other nearby communities include Berryville, White Post, and Boyce. All divorce cases filed by Clarke County residents are heard at the Clarke County Circuit Court in Berryville.
Nearby Counties
These counties share borders with Clarke County. If you are not certain which county's records you need, check where the filing parties lived at the time of the divorce.