Highland County Divorce Decree Records
Highland County divorce decree records are maintained by the Circuit Court Clerk in Monterey, Virginia. Highland is Virginia's least populous county, located in the Allegheny Mountains along the West Virginia border. The Circuit Court Clerk handles all family law filings for county residents, including divorce cases. Because the county is small and remote, many residents find it helpful to call ahead before visiting in person.
Highland County Overview
Highland County Circuit Court Clerk
The Highland County Circuit Court Clerk maintains all divorce records for the county. Final decrees, case files, and all documents filed during a divorce proceeding are stored with the Clerk's office in Monterey. The courthouse is a small facility that serves a rural county. The Clerk's staff handles records requests along with all other circuit court functions.
Highland County is part of the 25th Judicial Circuit, which also includes Bath County. Because Highland is very rural and the courthouse staff is small, it is wise to call before you visit. Ask about hours and whether you need an appointment to review older records. For mail requests, include the names of both parties, the case number if you have it, the approximate year, a copy of your ID, and a self-addressed stamped envelope. The first certified copy of the final decree is free to named parties under Virginia Code § 17.1-275.
| Office | Highland County Circuit Court Clerk |
|---|---|
| Address |
Highland County Courthouse 165 West Main Street Monterey, VA 24465 |
| Phone | (540) 468-2447 |
| Hours | Monday through Friday, 8:30 AM to 4:30 PM |
| Website | vacourts.gov - Highland Circuit Court |
| Record Type | Final Divorce Decrees, Divorce Case Files |
| Judicial Circuit | 25th Judicial Circuit |
The Virginia Judicial System case portal at eapps.courts.state.va.us allows you to search Highland County Circuit Court cases. Select Highland County from the court list and enter party names to find basic case information. Not all older records appear online, so if you are looking for an older case, it is best to call the Clerk's office directly.
How to Search Highland County Divorce Records
The Virginia Judicial System online case portal is the best starting point for a Highland County divorce record search. It is free and available any time. Go to the portal, select Highland County Circuit Court, and enter the names of one or both parties. If the case appears, note the case number. That number makes it much easier to request the actual documents from the Clerk's office.
Because Highland is a small county with limited online records, some older divorce cases may not appear in the portal. For those, call the Clerk's office at (540) 468-2447. Staff can search by name in the physical records and help you determine what documents exist. If the case is from many decades ago, physical records may be stored differently than recent ones.
For divorce certificates, which are different from the court decree, contact the VDH Office of Vital Records in Richmond. VDH has divorce certificate records from 1918 to the present for all Virginia counties. Call (804) 662-6200 or write to: VDH Office of Vital Records, P.O. Box 1000, Richmond, VA 23218-1000. The fee is $12 per certified copy. Only named parties and their immediate family may request divorce certificates until 25 years have passed since the divorce under Virginia Code § 32.1-271.
Virginia Code § 20-96 sets out the court's jurisdiction over divorce suits filed in Highland County and throughout the commonwealth. It is the basis for which circuit court has authority over your case.
Highland County Divorce Decree Fees
The filing fee for a divorce case in Highland County Circuit Court is $60, as set by Virginia Code § 17.1-275. That fee applies statewide and covers the initiation of the suit. It also includes one free certified copy of the final decree once the case is complete. Named parties do not pay extra for that first copy.
Additional copies of the final decree cost $0.50 per page. Divorce certificates from VDH cost $12 per copy. Payment options for the Clerk's office typically include cash, cashier's check, or money order. Ask the Clerk about accepted payment methods before you visit or send a mail request.
Because Highland County is small, court-related costs beyond the filing fee may be limited compared to larger counties. However, if your case is contested or requires service by the Sheriff or a process server, those add costs. A fee waiver is available for those who cannot afford court fees. Contact the Clerk's office or the Virginia legal aid network to learn how to apply.
Note: Call the Highland County Circuit Court Clerk at (540) 468-2447 before traveling to confirm hours and current fee amounts, as the office serves a very small community.
Filing for Divorce in Highland County
Filing for divorce in Highland County follows the same Virginia state rules that apply everywhere in the commonwealth. Under Virginia Code § 20-97, one spouse must have lived in Virginia as a bona fide resident for at least six months before the filing date. That requirement applies whether you file in Highland or any other Virginia county.
Virginia recognizes both no-fault and fault-based grounds for divorce under § 20-91. For a no-fault divorce, the parties must have lived separate and apart for one year without any resumption of cohabitation. If they have no minor children and have already signed a separation agreement, that period drops to six months. Fault grounds include adultery, felony conviction with more than one year of confinement, cruelty, and willful desertion.
The filing process starts with submitting a Divorce Complaint to the Clerk's office along with the required state forms and the $60 filing fee. The other spouse must be served. Once service is complete and the required waiting period has passed, the judge can review the case. If everything is in order, the judge signs the final decree. The Clerk records it and forwards a report to the State Registrar under § 32.1-268.
What Highland County Divorce Records Contain
Divorce records in Highland County take three forms. The type you need depends on your purpose. Each comes from a different office and contains different details.
The divorce certificate is the shortest document. It comes from the Virginia Department of Health and shows the names, date, and location of the divorce. VDH has records from 1918 forward. This is what you use to prove a divorce happened when you do not need the full terms. The cost is $12 per copy from VDH.
The final divorce decree is the court order signed by the judge. It includes the full settlement or ruling: who gets the marital home, how debts are split, the amount of any spousal support, and all details about children. This document comes from the Highland County Circuit Court Clerk. Named parties get one free certified copy. More copies cost $0.50 per page.
The divorce case file is everything filed during the case. That includes the complaint, motions, financial disclosures, hearing notices, and the decree itself. Case files are held by the Clerk and are subject to the same access rules. Access is restricted to parties and their immediate family for 25 years after the divorce, per § 32.1-271. A judge can seal the file under § 20-124 if a party files a motion to do so.
Legal Help in Highland County
Legal resources in Highland County are limited due to the county's small size and remote location. Residents needing help with a divorce case may need to look to regional organizations or use state-level resources. Free and low-cost services are available, though you may need to travel or use phone or online services to access them.
Blue Ridge Legal Services covers the western Virginia region and may be able to help Highland County residents with family law matters. Call (540) 342-3492 or visit brls.org to ask about eligibility. Income guidelines apply. They handle civil cases including divorce and can sometimes assist by phone or video if travel is difficult.
The Virginia State Bar lawyer referral service at (800) 552-7977 can connect you with a licensed attorney in or near the Highland County area. Staunton and Harrisonburg both have family law attorneys who handle cases from the surrounding mountain counties. Self-help forms approved by the Virginia Supreme Court are at vacourts.gov. The Virginia Legal Aid website at valegalaid.org also has a directory of local resources.
Cities Near Highland County
These Virginia independent cities are the nearest urban areas to Highland County. Residents of these cities file divorce cases at their own circuit courts.
Nearby Counties
These Virginia counties border or are near Highland County. Each has its own Circuit Court Clerk who keeps divorce records for that county's residents.