West Virginia Divorce Records

According to recent data from the CDC's National Center for Health Statistics, West Virginia's divorce rate is approximately 2.9 per 1,000 population, much higher than the national average of 2.4 per 1,000.

Under West Virginia law, couples may file for divorce on both fault-based and no-fault grounds. A fault-based divorce requires one spouse to prove that the other committed wrongdoing that led to the breakdown of the marriage. Grounds for this type of divorce in West Virginia include adultery, habitual drunkenness or drug addiction, cruel treatment, and child abuse or neglect. On the other hand, neither spouse has to prove misconduct for no-fault divorces; instead, the divorce is based on the belief that the marriage is irretrievably broken. No-fault divorces may be filed on the grounds of irreconcilable differences or voluntary separation.

The cost of getting a divorce in West Virginia varies depending on factors like the complexity of the case, legal representation, and whether the parties agree on key issues. Nonetheless, divorce expenses in the state are estimated to be around $8,134 per person (lower than the national average of $9,969 per person).

Are Divorce Records Public in West Virginia?

While West Virginia's Freedom of Information Act grants members of the public the right to inspect and copy information prepared or received by government entities, divorce records and other documents related to domestic relations actions are statutorily deemed confidential under West Virginia Code Section 48-1-303. Per this law, only orders filed in these actions (such as the divorce decree) may be readily accessed by the public. Access to all other types of court records is restricted to certain authorized parties, such as divorced individuals, their designees, and attorneys.

What Is Included in West Virginia Divorce Records?

The term "divorce records" in West Virginia is used to refer to a variety of official documents that are created and filed during divorce proceedings in the state. These records are maintained by the Clerk of the Circuit Court in the county where the divorce proceedings were held and are grouped into two main categories:

• Divorce Decrees: These are court orders that detail the final judgment of divorce. A divorce decree typically contains information on the divorcing couple and outlines the terms of the divorce as agreed upon by both parties or ordered by the court, including child custody and support, division of property, debt assignments, and alimony. These documents often serve as official proof of the divorce.
• Divorce Court Records/Case Files: These comprise all filings and motions submitted during the divorce proceeding, such as the complaint for divorce, petitions, discovery documents, financial affidavits, hearing transcripts, temporary orders, and the final decree.

How Do I Find West Virginia Divorce Records?

West Virginia divorce records may be accessed through the Clerk of the Circuit Court in the county where the divorce proceedings were held. You will typically need certified copies of these records for various official reasons, including:

• To serve as proof of divorce status, usually for remarriage or immigration purposes
• To update government-issued IDs and other similar personal or legal documents
• To request modifications to support or custody orders
• To settle estate matters
• To access certain claims or benefits

Look Up West Virginia Divorce Certificate

West Virginia does not issue certified copies of divorce records at the state level. Nevertheless, the state's Vital Registration Office maintains an index of divorces that occurred in the state since 1968. These indexes typically contain key information like the names of the spouses, the date of the divorce, and the county where it was granted, and are often used to verify a divorce. However, it should be noted that divorce indexes, or any information/documents generated from these indexes, are not considered official divorce records.

For more information on divorce verifications, contact the West Virginia Vital Registration Office at:

Look Up West Virginia Divorce Decree

Certified copies of a West Virginia divorce decree may be obtained by contacting the Clerk of the Circuit Court in the county where the divorce was finalized. Requesters will typically be required to provide details like the names of the divorced individuals and the date of the divorce, and pay a search and/or copy fee. Fees vary by county, but generally range from $5 to $15 per copy.

While most counties accept in-person requests, some may also allow mail-in or online submissions. It is advisable to check with the appropriate Clerk's office beforehand to find out their specific procedures and fees; doing this usually goes a long way in ensuring a hassle-free process.

Look Up West Virginia Divorce Court Records

Copies of West Virginia divorce court records may be accessed through the Clerk of the Circuit Court in the county where the divorce took place. Requesters will generally be required to submit a formal records request to the appropriate Clerk's office (the request should provide sufficient details to locate the case file) and pay any stipulated fees.

It is important to note that, excluding court orders issued during the proceedings (such as the divorce decree), all other documents contained within a divorce case file are deemed confidential under state law and restricted to specific parties, including the divorcing couple and their attorneys.

Can You Seal Divorce Records in West Virginia?

While divorce records in West Virginia are statutorily deemed confidential under state law, all court orders issued during the divorce proceeding typically remain publicly accessible. However, the court may seal these publicly available records at the request of the parties involved in the case, provided there is a justifiable reason for the request. Common reasons for sealing divorce court orders include to protect the safety of minor children, the privacy of abuse survivors, or the confidentiality of financial or proprietary business information.

Individuals who wish to get divorce records sealed in West Virginia must initiate the process by filing a formal motion with the court that handled the divorce proceedings. The request must explain why sealing is necessary, and all involved parties typically have to be notified. The court will review the motion and determine whether sealing is justified based on privacy concerns or potential harm. In some cases, a hearing may be held before a final decision is made. If the motion is granted, the court will issue an order to seal the records, making them no longer publicly accessible.

How Long Does a Divorce Take in West Virginia?

The timeline for a divorce in West Virginia varies on a case-by-case basis, and is usually influenced by several factors, including the complexity of the case, the court's caseload, and the degree of cooperation between spouses. West Virginia law does not stipulate a specific waiting period before divorce actions in the state may be finalized. However, once divorce papers have been filed, the respondent typically has an allotted time frame (usually between 20 - 30 days) to file an answer to the divorce petition, and the case typically doesn't proceed until either the response is filed or the allotted time elapses.

Generally, uncontested divorces (where both parties agree on all terms) are usually finalized within an average of 30 - 90 days; the timeline is usually shorter in cases where a couple has no children and minimal property to divide. On the other hand, contested divorces involving disputes over custody, support, or assets can take several months or even over a year to resolve.

Does West Virginia Require Separation Before Divorce?

No, West Virginia does not require spouses to live separately for any specific period before filing for divorce, except in cases where "voluntary separation" is cited as the grounds for the divorce. For these kinds of divorces, the couple must have lived apart (and in separate abodes) continuously for at least one year without any cohabitation before filing.

How Are Assets Split in a West Virginia Divorce?

West Virginia is an 'equitable distribution" state with regards to the division of marital property during a divorce. This means that courts divide assets between spouses in a manner deemed fair to both parties, based on the specific circumstances of the marriage.

Per state law, courts must presume that marital property will be divided equally between spouses during a divorce unless they have a valid agreement stating otherwise. The court may then alter the equal division of the property to a more equitable (fair) one after considering certain factors, including:

• How much each spouse financially contributed to acquiring, maintaining, or increasing the value of marital assets
• Each spouse's role in preserving and improving marital property through efforts like homemaking or caregiving
• Each spouse's actions during the marriage that affected their own income potential or helped increase the other spouse's earning ability
• Whether either spouse wasted or devalued marital property through reckless financial behavior

Who Gets Custody of a Child in Divorce in West Virginia?

Historically, West Virginia courts often favored mothers in custody hearings, following the Tender Years Doctrine, which presumed that mothers were better suited to care for young children. However, this bias has shifted, and the state now adopts a gender-neutral stance with regard to child custody, with child custody laws prioritizing the best interests of the child and ensuring that they have frequent, continuing contact with both parents. To this end, fathers in West Virginia receive approximately 50% custody time after a divorce, higher than the national average of 35%.

West Virginia law recognizes two primary types of custody: legal custody, which deals with the parent's decision-making authority and responsibilities towards the child, and physical custody, which determines where the child lives and the parent's custodial responsibilities. Child custody proceedings typically result in a combination of the following legal and physical custody arrangements:

• Shared Legal Custody: Both parents make major decisions about the child's education, healthcare, and upbringing together.
• Sole Legal Custody: one parent has the authority to make major decisions about the child's welfare.
• Shared Physical Custody: The child lives with both parents at different times, ensuring frequent contact with both.
• Sole Physical Custody: The child lives with one parent, while the other may have visitation rights unless the court decides otherwise.
• Split Physical Custody: This arrangement is only viable in situations where there are multiple, and involves each parent having physical custody of at least one child.