West Virginia Divorce Records

West Virginia divorce is a legal process that terminates a marriage and deals with issues like child custody, child support, financial accounts, and assets and liabilities. The divorce is filed in the county's Circuit Court, where the petitioner or the respondent resides. At least one spouse must have lived in West Virginia for six months, or the petitioner must currently live in the state and have been married there. West Virginia recognizes both no-fault (irretrievable breakdown) and fault-based grounds (like adultery, desertion, and mental incapacitation) for divorce.

In West Virginia, divorce records are not public. Only the people named in the records, their children, and grandchildren can access them. As of 2022, West Virginia had one of the highest divorce rates in the United States, with 3.2 divorces per 1,000 residents, while the national average was 2.4 divorces per 1,000 residents.

What are Divorce Records?

West Virginia divorce records are comprehensive legal documents encompassing a divorce's entire process and details. These records include divorce certificates, decrees, and case files, providing a thorough account of the legal proceedings, conditions, and judgment of the divorce process. They serve as crucial legal documentation for both governmental and individual purposes. For the government, they are used as essential data for statistical analysis, enabling the examination of marriage and divorce trends. At the same time, it serves as vital evidence of individuals' status, which is often required for various applications.

When a divorce petition is filed in West Virginia courts, the resulting divorce record includes detailed information about court proceedings and the final judgment in the form of a final divorce decree. This decree typically encompasses court determinations regarding asset division, child custody, alimony, and child support. These essential records are meticulously maintained by the Circuit Court Clerk in the county where the divorce was granted. Other information on a divorce record includes:

The full names of the parties involved in the divorce
The address of the parties involved in the divorce
The date on which the marriage occurred
The date when the divorce was finalized
Grounds for the divorce
Details about the settlement, such as alimony, property division, child custody, and child support arrangements
The court in which the case was filed
The court-assigned number for tracking and reference

Are Divorce Records Public in West Virginia?

Divorce records are not public records in West Virginia. Access to these records is limited to the parties to the divorce, their children, grandchildren, or representatives of the listed parties. Anyone outside this category seeking a divorce record may need to obtain a letter of authorization from both parties to the divorce. Eligible persons can obtain divorce records from the Circuit Court Clerk in the county where the case was handled.

Divorce Stats and Rates in West Virginia

According to the National Center for Health Statistics, West Virginia recorded one of the highest divorce rates for states in the United States in 2022, with 3.2 divorces per 1,000 persons. Between 2021 and 2022, the divorce rate increased from 2.9 divorces per 1,000 residents to 3.2 divorces per 1,000. The highest divorce rate recorded in the state between 2016 and 2022 was 4.0 divorces per 1,000 persons in 2016.

According to the West Virginia Department of Health and Human Resources, as of 2016, one out of every West Virginia divorce with a known duration involved marriages lasting two years or less, while 8.5% of the total divorces in the same year involved marriages of 25 years or longer.

Grounds for Divorce in West Virginia

In the state of West Virginia, both fault and no-fault divorces are permitted. In a no-fault divorce, it is common for grounds to be based on irreconcilable differences or voluntary separation for a duration exceeding one year. According to the state's laws, a divorce may be granted if the complaint alleges the existence of irreconcilable differences between the parties and an answer admitting to that allegation is filed. Similarly, divorce may be granted if the parties have lived separately and apart in distinct places of abode without cohabitation for one uninterrupted year.

Fault-based grounds for divorce in West Virginia include cruel behavior towards a spouse, extramarital affairs, felony convictions, incurable insanity, post-marriage alcohol addiction, drug addictions, intentional abandonment or desertion, as well as child abuse or neglect, among other reasons. It's important to note that West Virginia courts do not have jurisdiction over a divorce case unless the marriage was done within the state or both parties have been residents for at least one full year.

How to File for Divorce in West Virginia

In West Virginia, the divorce process begins when one party (the petitioner) files a petition for divorce in a state Circuit Court. This petition usually includes the reasons for seeking a divorce and outlines how the court should address matters like spousal support, child support, child custody, and asset division. Along with the divorce petition, the petitioner must also submit a petitioner's civil case information statement and a vital statistics form. The petitioner and the defendant must agree on a joint parenting plan in cases involving minor children. If they cannot agree, each party must submit a proposed parenting plan to the court. Below are the steps in a divorce:

File Court Papers: You (the petitioner) must complete appropriate court forms and submit other required documents to the Clerk of Courts.
Service of Process: Even if the divorce is uncontested, you must serve the other party with copies of the filed documents.
Get a Hearing Date: After filing and serving documents, you must contact the Clerk of Superior Court to set a hearing date.
Hearing: You and your spouse appear in court. The judge reviews submitted documents and additional information before issuing a divorce decree.

West Virginia Divorce Decree

A divorce decree in West Virginia is a judicial order that terminates a marriage contract per Section § 48–1–227 of the West Virginia Code. This document contains information about the change of legal status ascribed to married persons. It also contains information on the divorce, including the division of assets and property, child custody, spousal support, alimony amounts, and visitation arrangements. The divorce decree contains sensitive and private information about the individuals involved, such as alimony, child custody, and property division details. Due to the highly personal nature of these records, obtaining them can be significantly more challenging than accessing other public records. Government sources and third-party public record websites often do not provide access to these records.

West Virginia divorce decrees are maintained by the Clerk of the Circuit Court in which the case was finalized. Only parties involved in the divorce or authorized persons can obtain divorce records in West Virginia. You may visit the courthouse to request a divorce decree.

How to Find and Access West Virginia Divorce Records

The Clerk of the Circuit Court is responsible for maintaining divorce records throughout the state. Individuals eligible to request these records are encouraged to contact the relevant Circuit Court Clerk at the local courthouse where the divorce was granted. Copying fees may vary by Circuit. The Vital Registration Office, a Department of Health and Human Resources Division, can assist requesters by furnishing index information about the relevant divorce records. The agency's indexes extend as far back as 1968. Access to divorce records is available through both offline and online methods.

Offline Access

To obtain divorce records in West Virginia, it is necessary to visit the office of the Clerk of the Circuit Court in the county where the divorce was finalized. Please be aware that there may be fees and specific requirements associated with obtaining this record. Therefore, it is recommended to contact the Clerk's Office ahead of time to ensure you have all necessary items before your visit.

Online Access

The West Virginia Department of Health and Human Resources may provide online access to divorce records through its certificate request portal. However, access may be restricted to the parties involved in the divorce, their children, and authorized representatives. As divorce records in West Virginia are not considered public records, locating them on third-party websites may prove challenging.

References

Counties in West Virginia

List of Content

What are Divorce Records?
Are Divorce Records Public in West Virginia?
Divorce Stats and Rates in West Virginia
Grounds for Divorce in West Virginia
How to File for Divorce in West Virginia
1. West Virginia Divorce Decree
How to Find and Access West Virginia Divorce Records
1. Offline Access
2. Online Access