Wise County Divorce Decree Records
Wise County divorce decree records are held by the Circuit Court Clerk in Wise, Virginia, in the Southwest Virginia coalfields region. All divorce cases filed by county residents go through this court, and the clerk is the office to contact when you need a copy of a Final Decree of Divorce or want to search for an existing case. This page covers how to search, what fees apply, what the decree contains, and where to find legal help if you need it. The Virginia Department of Health is a separate source for divorce certificates, also explained below.
Wise County Overview
Wise County Circuit Court Clerk
The Wise County Circuit Court Clerk is the official keeper of divorce decree records in the county. The clerk files new divorce petitions, maintains all case documents, and provides certified copies to parties who request them. This is the first office you contact when you need a divorce record in Wise County.
Wise County is in the far southwestern corner of Virginia, in the coalfields region near the Kentucky border. The courthouse is in Wise, the county seat. The circuit court handles all divorce filings for residents of the county. The clerk also maintains other civil and criminal records, deeds, wills, and marriage licenses alongside divorce files. If your divorce was filed in another Virginia county, that county's circuit court clerk holds the record.
The Virginia Courts statewide system at vacourts.gov includes Wise County case records. You can search online by name or case number to confirm a case exists and get the case number before you call or visit. This is a good first step, especially if you are not sure which court has the record you need.
| Office | Wise County Circuit Court Clerk |
|---|---|
| Address |
Wise County Courthouse Wise, VA |
| Website | vacourts.gov |
How to Search Wise County Divorce Records
You can search for divorce decree records in Wise County online through the Virginia Courts system or in person at the courthouse. Online is fastest for basic case info. In-person visits let you see the full file and get certified copies the same day.
The Virginia Courts case search at vacourts.gov covers Wise County. Search by the name of one spouse or by case number. The system shows the parties, the filing date, and the case status. It does not display document text, but it confirms the case exists and gives you the number you need when requesting copies from the clerk.
To run a search, have at least one of these:
- Full name of one spouse (maiden name may matter for older records)
- Approximate year the divorce was filed or granted
- Case number if you already have it
For in-person visits, go to the Wise County Courthouse in Wise. Bring a photo ID. Staff can pull the case and make copies. Most divorce records are part of the public court file, but ask the clerk which documents are available before you arrive. If the divorce is older, some files may be archived, so a call ahead can save time. The clerk can also tell you the fastest way to get what you need.
For a divorce certificate (not the same as the decree), contact the Virginia Department of Health Office of Vital Records. The VDH keeps certificates for all Virginia divorces, but certificates only show names, date, and county. They do not include property or custody terms. Certificates cost $12 each and are ordered through the VDH in Richmond.
Wise County Divorce Decree Fees
Fees at the Wise County Circuit Court follow the state fee schedule set by the Virginia General Assembly. Under Virginia Code § 17.1-275, all circuit court clerks in Virginia must charge the same rates for filing and for copies. Wise County is no different.
The filing fee for a divorce petition is $60. When the court issues a Final Decree of Divorce, the first certified copy is free under § 17.1-275. Each page of an additional certified copy costs $0.50, plus a $2 certification fee per document. If you need several copies at once, request them all during a single visit to avoid extra trips and additional fees.
Key fees at a glance:
- Divorce petition filing fee: $60
- First certified copy of Final Decree: free
- Additional certified copies: $0.50 per page plus $2 per document
- Divorce certificate from VDH: $12 each
Virginia Department of Health Office of Vital Records: 8701 Park Central Drive, Suite 100, Richmond, VA 23227. Phone: (804) 662-6200. Hours: Monday through Friday, 8:00 AM to 4:30 PM. Website: vdh.virginia.gov/vital-records.
If you cannot pay the fees, ask the Wise County clerk about a fee waiver. Virginia courts may waive costs for people who meet income-based requirements. Fill out the waiver form and provide proof of income. The court decides whether to approve the request.
Tip: Fees can change. Check § 17.1-275 or call the Wise County Circuit Court Clerk to confirm current rates before your visit.
Filing for Divorce in Wise County
To file for divorce in Wise County, at least one spouse must satisfy Virginia's residency rule. Under Virginia Code § 20-97, one spouse must have lived in Virginia for six months before filing. Once that requirement is met, you file at the Wise County Circuit Court in Wise.
Virginia allows no-fault and fault-based grounds. No-fault is the path most Wise County filers take. Both spouses must live separate and apart. If they have no minor children and have signed a written separation agreement, the required separation is six months. Without a signed agreement, or if minor children are involved, the separation must last one full year before you can file.
Fault grounds are listed under Virginia Code § 20-91 and include adultery, cruelty, willful desertion, and felony conviction with imprisonment. You do not need to serve a full separation period if you file on fault grounds, but you need evidence in court. Fault cases are often more complex and take longer to resolve.
To start the process, you file a Bill of Complaint for Divorce with the clerk. The other spouse must be served with the papers or sign a waiver. If both agree on property, custody, and support, the court can approve an uncontested divorce, which is faster. If disputes exist, the case may go to mediation or a judge's hearing before the Final Decree of Divorce is signed. All of these steps create records that the clerk files and stores.
Residency Requirement: Under § 20-97, one spouse must live in Virginia for six months before filing. Filing too early can lead to dismissal.
What Wise County Divorce Decrees Contain
A Final Decree of Divorce from the Wise County Circuit Court is the official court order that ends the marriage. It lays out every term both parties must follow after the case closes. This is the document most people need when they change a name, update insurance, apply for benefits, or show proof of marital status to a government agency.
A divorce decree from Wise County typically includes:
- Full legal names of both spouses
- Date of marriage and date of separation
- Grounds for divorce
- Division of marital property and debts
- Custody and visitation terms if children are involved
- Child support amounts if ordered
- Spousal support if ordered
- Name restoration if requested by one spouse
- Date the judge signed the decree
The full case file at the clerk's office also contains the Bill of Complaint, the other party's response, any separation agreement, and financial disclosures. These support the terms in the decree and are filed as part of the record. Most documents are available to the public. Under Virginia Code § 32.1-271, divorce certificates held by the VDH are not public for 25 years after the divorce date. The court file itself follows different rules and is generally available to the public.
Ask for at least two certified copies when you pick them up. Banks, courts, and other agencies often want original certified copies, not plain copies. The first certified copy is free under § 17.1-275, and getting extras on the same visit costs less than coming back a second time.
Legal Help for Wise County Divorce Cases
Several resources can help Wise County residents handle a divorce case. Some offer free help for people with low income. Others connect you with attorneys who know Virginia family law in Southwest Virginia.
Virginia Legal Aid provides free civil legal help across Virginia, including the Southwest region. They assist with divorce, custody, and support cases for people who qualify based on income. Visit valegalaid.org to check if you qualify and find the intake line for your area. Call ahead to ask about current capacity and wait times.
The Virginia State Bar has a lawyer referral service at vsb.org. This connects you with a licensed Virginia attorney who handles family law. Some attorneys offer reduced fees for the first meeting. If your case involves children, property, or a dispute with the other spouse, talking to a lawyer before you file can help you avoid costly mistakes.
Self-represented filers can find court forms and guides at vacourts.gov. The Virginia Courts site has forms used in circuit court divorce cases across the state. The Wise County clerk can tell you which forms apply to your situation, though staff cannot give legal advice. For help with rights and strategy, contact Virginia Legal Aid or the State Bar referral service first.
Virginia Code § 20-91 lists the grounds for divorce in the state, including both no-fault and fault-based options. The full text is at law.lis.virginia.gov, the official Virginia Law portal.
This statute sets the no-fault separation period and lists fault grounds like adultery and desertion. Knowing the right grounds for your situation is a key step before you file for divorce in Wise County.
Cities Near Wise County
Wise County is in far Southwest Virginia. The nearby qualifying city with a divorce record page is Norton, which is surrounded by Wise County.
Other communities in and around Wise County include the town of Wise and smaller communities throughout the coalfields region. All divorce cases for Wise County residents are filed at the Wise County Circuit Court.
Nearby Counties
These counties border Wise County in Southwest Virginia. File your divorce in the county where you have lived for the past six months.