Henry County Family Court Records Search

Henry County family court records are filed with the Circuit Court and the J&DR Court. The Circuit Court handles divorce and property matters; the J&DR Court handles custody, support, and protective orders.

Henry County Circuit Court Family Records

The Henry County Circuit Court is part of the 21st Judicial Circuit and holds original jurisdiction over all divorce, annulment, property division, and spousal support cases filed in the county. The courthouse sits on Kings Mountain Road in Martinsville. All case documents filed here become part of the permanent public record held by the Clerk of Circuit Court.

Divorce filings in Henry County follow Chapter 6 of Title 20 of the Virginia Code. Under § 20-91, a no-fault divorce requires parties to live apart for one year, or six months if they have a written separation agreement and no minor children. Fault grounds such as adultery, cruelty, desertion, and felony conviction are also available. Property and debt division follows § 20-107.3, which requires courts to classify all marital assets, assign value, and divide them equitably.

Spousal support is governed by § 20-107.1. Courts in Henry County weigh both parties' incomes and needs, the length of the marriage, each spouse's earning capacity, the standard of living during the marriage, and any other relevant factors. There is no mandatory formula. The Clerk of Circuit Court keeps the official record and makes most files available to the public under § 17.1-208.

J&DR Court: Custody, Support, and Protective Orders

The Henry County Juvenile and Domestic Relations District Court is located in the same building as the Circuit Court. It handles custody and visitation petitions, child support establishment and modification, paternity cases, family abuse protective orders, and juvenile matters. The court operates under Chapter 11 of Title 16.1.

Under § 16.1-241, the J&DR Court has exclusive original jurisdiction over custody, visitation, and support matters that are not part of an active Circuit Court divorce case. A parent who wants to establish or change custody outside of a divorce must file a petition at the J&DR Court. After filing, the court schedules a hearing and gives notice to both parties. Contested cases may result in a guardian ad litem being appointed for the child.

Child support calculations use the income shares guidelines in § 20-108.2. Both parents' incomes are combined, and support is set based on that total and the custody arrangement. Work-related childcare expenses and the cost of the child's health insurance are also factored in. The J&DR Court can issue wage withholding orders to collect support directly from a parent's paycheck.

How to Request Henry County Family Court Records

Family court records in Henry County are public and can be accessed in person at the courthouse, by mail request, or online through the state's free case search tool.

The Virginia Judicial System's online case information system is free for anyone to use. You can search by party name or case number and see filing dates, hearing information, and case status for Henry County cases. Document images are not available through this system. If you need copies of actual filed documents, you must contact the clerk directly.

For in-person requests, visit the Henry County courthouse during business hours. Bring the full name of at least one party and an approximate filing year. Clerk staff can search the index, locate the case, and provide copies. Copy fees follow § 17.1-275 and may not exceed actual cost. Certified copies cost more and need a written request.

Mail requests should include the names of both parties, the case number if you have it, the type of records you need, your return address, and a payment or request for a fee estimate. The clerk is required to respond within 30 days under § 17.1-208(F), but most requests are handled faster.

Types of Family Court Records in Henry County

The range of records available in Henry County depends on the type of case and which court filed it. Circuit Court divorce files typically include the complaint for divorce, any response or counterclaim, financial disclosure statements, and the final decree. If the case was contested, the file may also include deposition transcripts, expert reports, and exhibits.

• Divorce complaints and final decrees
• Property settlement and separation agreements
• Equitable distribution orders
• Custody and visitation orders
• Child support orders and wage withholding
• Protective orders (emergency, preliminary, final)
• Paternity petitions and orders
• Spousal support orders and modifications

Not all records are open. Adoption files, juvenile delinquency records, and records from child abuse proceedings are restricted or sealed by law. If you need access to a sealed file, you must file a motion in the court that holds the record and show good cause. The judge decides whether to allow access based on the facts you present.

Child Custody Standards in Henry County

Custody decisions in Henry County follow the best interests of the child standard set out in § 20-124.2 and § 20-124.3. Virginia law does not presume that one parent is better suited than the other. The court must evaluate ten statutory factors and make specific findings based on the child's welfare.

The ten factors include the child's age and physical and mental condition, the age and physical and mental condition of each parent, each parent's relationship with the child, the child's relationship with siblings and extended family, each parent's past role in caring for the child, each parent's willingness to support the other parent's relationship with the child, the reasonable preference of the child if mature enough to express one, and any history of family abuse or sexual abuse.

Under § 20-124.4, courts must refer disputing parents to a dispute resolution orientation before a contested custody hearing can proceed. Certified mediators run these sessions at no cost to the parties. Mediation often helps families in Henry County reach agreements without going to trial, which saves time and reduces the strain on everyone involved, especially the children.

A parent who plans to relocate with the child must give the other parent 30 days written notice under § 20-124.5. Moving without notice can be treated as a material change in circumstances and may lead to a custody modification.

Virginia Child Support Enforcement Services

Henry County residents can get help establishing, modifying, and collecting child support through Virginia's statewide program. The Division of Child Support Enforcement within the Department of Social Services serves all families at no cost to the custodial parent, regardless of income level.

The Division can establish paternity through genetic testing, issue administrative support orders under § 63.2-1903, enforce orders through income withholding, intercept federal and state tax refunds, suspend driver's licenses and professional licenses, and report delinquent parents to credit reporting agencies. Administrative orders carry the same legal weight as orders issued by a court. Henry County residents can reach DCSE through the statewide contact system.

Under § 17.1-213, civil case files in Virginia are kept for at least 20 years from the date of the last order. This means older Henry County divorce and custody records remain accessible long after the case is closed.

Virginia Vital Records for Henry County

Marriage and divorce certificates for Henry County are also on file with the Virginia Department of Health Vital Records office. The Vital Records office keeps statewide indexes and can issue certified copies of these documents. This is a useful option if you cannot travel to the Henry County courthouse in person.

Marriage licenses in Henry County are issued by the Clerk of Circuit Court under § 20-14. Licenses are valid for 60 days from the date of issue. After the wedding ceremony, the officiant returns the signed license to the clerk, who files and preserves the original. Certified copies of marriage licenses are available from both the clerk's office and the Vital Records office.

Nearby Virginia Cities

The independent city of Martinsville is adjacent to Henry County and has its own separate Circuit Court and J&DR Court.

Nearby Counties

These counties border Henry County. If you are not sure which court handles your case, verify your address first.