Find Divorce Decree Records in Henry County
Henry County divorce decree records are kept by the Circuit Court Clerk in Martinsville, Virginia. The courthouse serves the county's residents for all family law filings, including divorce, custody, and support matters. Note that Martinsville is an independent city separate from Henry County, so residents of Martinsville proper file their divorce cases at the Martinsville Circuit Court, not at the Henry County courthouse.
Henry County Overview
Henry County Circuit Court Clerk
The Henry County Circuit Court Clerk is the official keeper of all divorce records filed within the county. The Clerk's office holds final decrees, case files, and every document submitted during a divorce proceeding. If you lived in Henry County at the time of your divorce, your records are here. The courthouse is in Martinsville, which is the county seat even though Martinsville itself is a separate independent city.
When you contact the Clerk's office, be ready with the names of both parties and the approximate year the divorce was granted. That information helps staff locate the correct case quickly. In-person visits allow you to review the file on site and request certified copies. Mail requests work too, but allow more time for processing. The first certified copy of the final decree is free to any named party under Virginia Code § 17.1-275.
| Office | Henry County Circuit Court Clerk |
|---|---|
| Address |
Henry County Courthouse 3160 Kings Mountain Road Martinsville, VA 24112 |
| Phone | (276) 634-4880 |
| Hours | Monday through Friday, 8:30 AM to 4:30 PM |
| Website | vacourts.gov - Henry Circuit Court |
| Record Type | Final Divorce Decrees, Divorce Case Files |
| Judicial Circuit | 21st Judicial Circuit |
The Virginia Judicial System online case portal at eapps.courts.state.va.us lets you search Henry County Circuit Court cases by name or case number. This is a good first step before calling or visiting the Clerk's office.
How to Search Henry County Divorce Records
Start your search at the statewide Virginia Judicial System case portal. Select Henry County Circuit Court from the court dropdown and enter the name of one or both parties. The system will show case numbers, filing dates, and basic docket entries. This is free and available around the clock. However, the portal does not show images of the actual documents.
Once you have the case number, contact the Henry County Circuit Court Clerk to request copies. You can visit in person or write a mail request. In person, staff can print copies while you wait. By mail, include a letter with the case number, party names, year of divorce, a copy of your ID, and a self-addressed stamped envelope. Processing time for mail requests varies. Call ahead to ask about current wait times.
For divorce certificates (not the same as the final decree), contact the Virginia Department of Health. VDH issues certificates for events from 1918 to the present. You can reach the VDH Office of Vital Records at (804) 662-6200 or visit their office at 8701 Park Central Drive, Suite 100, Richmond, VA 23227. The fee is $12 per certified copy.
The VDH Office of Vital Records issues divorce certificates for Henry County and all Virginia jurisdictions for events occurring from 1918 to the present. Virginia Code § 32.1-272 governs how those certified copies are issued and who may request them.
Henry County Divorce Decree Fees
The fee to file a divorce case in Henry County Circuit Court is $60, set by Virginia Code § 17.1-275. This is a statewide fee that applies to all Virginia circuit courts. It covers the filing and includes one free certified copy of the final decree for the named party once the case is resolved.
Extra copies of the final decree cost $0.50 per page. Ask the Clerk's staff how many pages the decree runs before you pay. Divorce certificates from VDH cost $12 each under Virginia Code § 32.1-272. These are separate from the court decree and come from a different office.
Other costs in a Henry County divorce case can include Sheriff service fees, private process server fees, and any court-ordered mediation costs. If you cannot pay court costs, you may apply for a fee waiver. Contact the Clerk's office or a local legal aid organization to ask about the waiver process. Henry County Legal Aid of the Roanoke Valley may be able to help residents who qualify based on income.
Note: Verify current fee amounts with the Henry County Circuit Court Clerk at (276) 634-4880 before you file or submit a records request.
Filing for Divorce in Henry County
Henry County uses the same Virginia state procedures for divorce as every other circuit court in the state. To file here, at least one spouse must meet the residency requirement under Virginia Code § 20-97. That means one party must have lived in Virginia as a bona fide resident for at least six months before the filing date.
No-fault divorce requires that the parties live separate and apart for one full year without any cohabitation or interruption. If the couple has no minor children and has signed a written separation agreement, the separation period drops to six months under § 20-91. Fault grounds are also available and include adultery, felony conviction with confinement for over a year, cruelty, and willful desertion or abandonment.
The filing spouse submits a Divorce Complaint to the Clerk's office. The complaint must be accompanied by the VS-4 State Statistical Form and the Domestic Case Coversheet. The $60 filing fee is due at the time of filing. The other spouse must be properly served. Once the waiting period is met and any issues are resolved, the judge signs the final decree. The Clerk then records the decree and files a report with the State Registrar, which leads to the creation of the divorce certificate at VDH.
Property in Virginia is divided under the equitable distribution rules of § 20-107.3. Spousal support is governed by § 20-107.1. Child support guidelines are in § 20-108.2.
What Henry County Divorce Records Contain
Henry County divorce records fall into three categories. Each one serves a different purpose. Knowing what you need before you call the Clerk's office will save you time.
A divorce certificate is a short document issued by the Virginia Department of Health. It states the names of the parties, the date the divorce was granted, and the county where it happened. VDH has records from 1918 forward. This is the document you use to prove a divorce took place when you do not need the full details. The fee is $12 per copy.
The final divorce decree is the court order that ends the marriage. It contains all the terms of the settlement or ruling: property division, debts, spousal support, child custody and visitation, child support, and any name change. The Henry County Circuit Court Clerk holds the original. Named parties get one free certified copy. Additional copies cost $0.50 per page.
The divorce case file is the complete set of documents filed during the case. This includes the original complaint, summons, financial affidavits, motions, orders, and the final decree. It is the most complete record of what happened in the case. Case files are held by the Clerk's office and are subject to the same access restrictions as the decree itself. Under § 32.1-271, records are restricted until 25 years after the divorce.
Legal Help in Henry County
Residents of Henry County who need help with divorce matters have several options. Free civil legal services are available for low-income individuals. Attorney referral services can connect you with a private family law attorney if you do not qualify for free help.
Legal Aid of the Roanoke Valley covers Henry County and the surrounding southwest Virginia region. They handle family law cases including divorce and custody. Call (540) 344-2088 or visit their office to ask about eligibility. Income limits apply. Blue Ridge Legal Services is another option for residents in the region. Contact them at (540) 342-3492 or visit brls.org.
The Virginia State Bar lawyer referral service is available statewide at (800) 552-7977 and at vsb.org. The Martinsville-Henry County Bar Association can also help you find a local attorney. Self-help court forms are at vacourts.gov. The Clerk's office can explain the filing process and point you to the right forms, but they cannot advise you on how the law applies to your situation.
Cities Near Henry County
These independent Virginia cities are near Henry County. Residents of these cities file divorce cases at their own city circuit courts, not the Henry County courthouse.
Nearby Counties
These counties are adjacent to Henry County. Each has its own Circuit Court Clerk and maintains its own divorce records. You must file in the county where you reside.