Search Public Records in Smyth County, VA. Results May Include: Marriage and Divorce Records, Criminal Records, Birth and Death Records, Probate Documents, Land Records, Arrests, Addresses, Liens and Judgments.

Smyth County, Virginia Overview

Smyth County is a county located in the state of Virginia. The county was formed in 1832. Named after Alexander Smyth, the county seat is Marion and it has a population of 31,470 as of 2015. The county has a total area of 452 square miles, with its land area encompassing 451 square miles, and its water area 1.4 square miles. The county consists of 8 ZIP codes, with ZIP code 24354 recorded as the one with the largest population. Moreover, Smyth County borders the following counties: Tazewell County, Virginia to the north; Grayson County, Virginia to the south; Wythe County, Virginia to the east; Bland County, Virginia to the northeast; Russell County, Virginia to the northwest, and; Washington County, Virginia to the southwest.

Smyth Clerk of Circuit Court Information

The Clerk of the Circuit Court is one of the five “constitutional officers” created by the Virginia Constitution. As constitutional officers perform vital services for the public, they are elected by popular vote and are directly accountable to the citizens. Clerks of Circuit Court have an eight year term of office. Efficient and reliable operation of the Circuit Court Clerk’s Office is critical to maintaining a favorable business climate in Smyth County.

The Clerk of the Circuit Court, charged under Virginia law with more than 800 statutory duties, is elected by the citizens of Smyth County as the chief operating officer of the Circuit Court. The current clerk, John H. Graham, has served since 2010, having been elected then to complete the unexpired term of Jimmy L. Warren.

Circuit Court Clerks in Virginia perform duties that in many other states are divided among three or four separate offices.

Among the clerk’s more prominent responsibilities is to provide administrative support for all courtroom proceedings. The clerk creates and maintains all court files and records, maintains the court’s docket, preserves evidence, trains and summonses jurors, prepares court orders for all criminal cases, issues arrest and other legal documents to be served, and collects court costs, fines, and restitution.

The clerk serves as an initial probate judge who determines the validity of wills, identifies heirs, and helps fiduciaries become acquainted with their duties in administering estates.

The clerk serves as the county’s register of deeds and, as such, is responsible for recording deeds, deeds of trust, surveys, powers of attorney, judgments, and other documents related to land. The clerk processes concealed handgun permits, marriage licenses, notary appointments, ministers’ bonds, trade names for businesses, oaths for various local officials, and financing statements.
Finally, the clerk acts as the county archivist, maintaining many of the most important local records dating back to the founding of Smyth County in 1832. Given the singular uniqueness of these local documents, records management is a critical responsibility of the clerk.

Marriage licenses are issued by the Smyth County Circuit Court Clerk’s Office during regular office hours. Please try to arrive by 4:30 pm. There is no requirement that either spouse live in Smyth County, or even in Virginia, nor is there any waiting period required. After you receive a marriage license, you may marry anywhere in Virginia within sixty (60) days, provided that the wedding officiant is authorized under Virginia law to perform weddings. Your wedding officiant is charged with the responsibility of returning the marriage certificate to the issuing Clerk’s Office within five (5) days of the ceremony.

How to Apply

Both persons who are to be married appear in person at the Clerk’s Office. Please arrive by 4:30 pm.

What to Bring With You

  • Driver’s license or other valid photo identification
  • Payment in the amount of $33.00, either in cash, check, money order, or by credit/debit card. If you use a credit/debit card, a small convenience fee will be added.

Age Requirement

In Virginia, the minimum age at which persons may marry is 18 years old, unless a minor has been emancipated by court order. If an emancipated minor applies for a marriage license, he or she must provide the Clerk’s Office with a certified copy of the order of emancipation. For additional information, see Section 20-48 of the Code of Virginia.

Virginia Freedom of Information Act

Please contact John Graham concerning any VFOIA request. It is recommended, though not required, that VFOIA requests be made in writing. Requests can be made in person, by phone, by mail, or electronically. It is not necessary to specify the reason for your request. However, you must provide your name and legal address.

Below is the physical address of the Clerk of Circuit Court:

John H. Graham, Clerk of Circuit Court
Smyth County Circuit Court
109 West Main Street, Suite 1081
Marion, Virginia 24354
Phone: (276) 782-4044
Fax: (276) 782-4045
Email: jgraham@vacourts.gov

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