Access & Obtain Free West Virginia Divorce Records

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Free West Virginia Divorce Record Search

Find out if someone in West Virginia is divorced, free of charge.

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Look up free West Virginia divorce records using the step-by-step guidance рroviԁeԁ throughout this аrtiсle.

A divorce record is an official document marking the end of a marriage; these documents carry information that identifies both parties involved in the separation. It also shows critical details, including when and where the event was finalized and all case-related documents from the beginning to its conclusion.

In West Virginia, divorce records may be obtained free of cost or through paying minimal charges for copies; the methods of doing so efficiently and effectively are highlighted below.

Are Divorce Records Public or Private in West Virginia?

In West Virginia, the divorce records are not considered public records. West Virginia is a closed record state and is known for its privacy protection in certain legal matters. These include birth, death, adoption and divorce records.

These records aren’t treated as public documents but rather kept closed from general inspection, although some third-party websites do provide access to these records.

West Virginia Code § 29B defines and deals with the access to public records, the act defines the public record policy of the state and also highlights exceptions.¹

West Virginia mandates that such personal documentation stay confidential for a remarkable 50-year period. However, some people do have access rights to these sensitive files, these include the divorced parties involved, as well as their close relatives and attorneys.

For others who don’t fall into these categories like background researchers, you will need an approved court order permitting you explicit rights to view and obtain copies of particular divorce files you’re interested in.

The 27 Family Courts scattered throughout West Virginia hold all comprehensive case lessons regarding contested divorces, including divorce certificates popularly sought out by multiple parties. For divorce rates, it was reported that for every 1000 individuals around, there were approximately 2.9 documented cases of matrimonial annulment.³

How To Check West Virginia Divorce Records

The Vital Registration Office in West Virginia is responsible for maintaining multiple records. They oversee the vital statistics of the state.

These include an array of records, such as births and deaths, alongside marriages and divorces. If these events happened within West Virginia borders, they would keep the record for them.

To get these records, individuals can directly reach out to the Vital Registration Office at the following address and ask for more information on the said documents.

Vital Registration Office
350 Capitol St,
Room 165,
Charleston, West Virginia 25301-3701

Timing: Weekday from 8:30AM – 5:00PM

Divorce records are also available through the office of the Circuit Court Clerk.⁵ Unlike other states, these records cannot be accessed through the offices of County Clerks.

Unfortunately, the Circuit Court Clerk’s offices do not provide free access to public divorce records that connect directly to these documents.

To access these records, individuals need to visit their local circuit courthouse. Requesters will have to personally use their public access terminal or talk with staff at the clerk’s office to gain more information on obtaining the records.

For non-formal marriages, it gets even tougher to find divorce records, as West Virginia does not entertain the idea of non-formal marriages, including common-law marriages within its borders (except for co-habilitation agreements).

Some third-party databases also provide an alternative way to access these records. By entering a name and state into their searchable databases — including details about divorces — they provide results for a certain fee.

Finding Records of Divorce via Counties in West Virginia

As mentioned earlier, West Virginia doesn’t offer any state apparatus for free public divorce records search due to its status of being a closed record state.

Although the Vital Registration Office maintains these records, there is no guarantee that they will provide the said documents to every individual. It is therefore recommended for interested individuals to get in contact with their County’s Circuit Court Clerk, as they are the primary custodians for safeguarding divorce records in West Virginia.

Accessing divorce records in the counties of Kanawha, Berkeley, and Monongalia is further discussed in detail below.

To access divorce records in Kanawha County, there are some actions that applicants need to take.⁶ Initially, these records outline all legal documents relating to a couple’s divorce. In other words, when two people in Kanawha County decide to untie the knot legally, they file paperwork with the County Court.

The court keeps such details safe and intact for future reference or need. The office that safeguards this vital information is the Office of the Circuit Court Clerk, operating in Kanawha County itself. This office doubles as a custodian and secretary for its judicial system.

Interested individuals will either have to visit the Circuit Clerk’s Office physically at the below mentioned address or send a written request conveyed directly to Kanawha, the Court Clerk at [email protected].

Kanawha County Circuit Clerk’s Office
111 Court Street
Charleston, WV 25301

Main: (304)357-0440
Fax: (304)357-0473
Hours: Monday – Friday 8:00AM – 5:00PM

It should be noted, however, that requests should include important specifics like names of those who divorced, plus other relevant facts about their separation. You may also need to provide your credentials as well for the Court Clerk to assess whether you are eligible for accessing these records.

In Berkeley County, West Virginia, an individual can access divorce records through the Circuit Court Clerk’s Office.

The office is in charge of maintaining and issuing these important documents. Individuals are required to visit the office physically and request the divorce records, as information about these records will not be provided on the phone by the office.

Requesters can visit the Circuit Court Clerk’s office at the following address:

Circuit Clerk’s Office
380 W. South St,
Martinsburg, West Virginia – 25401

Fax: 304-264-1923
Phone: 304-264-1918

To be eligible to access divorce records, it’s important that your name appears on the file, or if you have legal authority through an order to obtain it, a notarized letter authorizing the applicant in such cases will also do fine.

You’ll also need to provide any form of identification document, such as a driver’s license, photo I.D. sanctioned by the government, military I.D., etc.

Apart from the above, to request the details, it’s required by law that vital information about the divorce must be provided – data like couples’ names involved in a divorce, when (the date) and where (place) the separation happened and, case file number of a said record should all be known.

To get access to a copy of divorce records from Monongalia County, West Virginia, there’s a straightforward process that individuals need to follow.⁷ It begins with the Circuit Clerk’s office in the county. This is where you will find accurate and reliable information regarding the dissolution of any marriage that occurred within the borders of Monongalia.

The Circuit Court Clerk holds responsibility for keeping every record filed under their jurisdiction safe. The list includes divorce records, so if you had your divorce finalized in Monongalia County, they have your information well-preserved.

Obtaining these records does come at a price. To access one such document would cost you approximately $135.00. Do note, however, that each additional page beyond the original record will cost an extra dollar per page.

Individuals can visit the Monongalia County Circuit Court Clerk’s Office at the following address:

Circuit Clerk of Monongalia County
75 High Street Suite,
12 Morgantown, West Virginia – 26505

Fax: 304-291-7273
Ph: 304-291-7240
Hours: Monday-Friday
8:30 am-Noon and 1:00pm – 5:00pm

The divorce records in West Virginia are maintained by either the Circuit Court Clerks or the Vital Registration Office; they are not maintained at city levels. Therefore, individuals seeking these records should contact the above-mentioned departments.

For those who are interested in finding these records for genealogy purposes, the latter will likely be able to help; apart from this, the West Virginia University Library also hosts some records that might come in handy.

Finding Free Divorce Archives in West Virginia for Genealogy Purposes

Unlocking family roots can often lead individuals down unexpected paths. One such path might involve digging into West Virginia’s divorce archives. These records can provide meaningful insights for genealogy enthusiasts seeking to form a complete picture of their heritage.

In regard to this, the Vital Registration Office, or VRO for short, holds a great deal of useful information.⁸ The Office stores information related to births, deaths, marriages, and divorces, particularly pertaining to people with West Virginian roots.

To put it simply, if someone’s conducting any sort of research involving vital statistics or looking up records, the VRO office is where they will find this information.

They have a sizable divorce index containing data from 1967 and onwards, which is available for genealogical research. The office can be contacted at the following address:

Vital Registration Office
350 Capitol St,
Room 165,
Charleston, West Virginia 25301-3701

Timing: Weekday from 8:30AM – 5:00PM

For statistical information and publications:

Email: [email protected]
Phone: (304)-558-9100

Another place to look for records are the West Virginia University Libraries located inside the premises of the West Virginia University at:

West Virginia University
P.O. Box 6800
Morgantown, West Virginia (WV) 26506-6800

They have a rich collection of historical newspapers dating back to 1791.

Beyond newspapers, there’s also an impressive forensics resource library. This holds books and manuscripts going as far back as the 1800s. There are seven libraries in total across their campuses, all possessing unique collections.

Wise Library stands out among them with its large collection of West Virginia research materials spanning four million manuscript documents, thousands of books, and pamphlets, not to forget newspapers and photographs.

The library also holds court files that could provide useful information about divorce records in West Virginia.

It doesn’t stop at the university, though; County Circuit Court Clerks are another source for accessing past divorce records upon request. Individuals can also find credible information about marriages and divorce from old churches, senior family members, historical societies and various religious institutions.

How To Access Details About Dissolutions of Marriage in West Virginia

In West Virginia, the process to end a marriage is called a divorce. It happens when legal ties between spouses are cut by a court action.

This should not be confused with annulment or an action for separate maintenance. The former term treats the marriage as void from the start, and the latter defines financial support in case of legal separation.

For common law divorce records, West Virginia doesn’t recognize such unions. However, if you were united under common law in a different state that permits it, then West Virginia would recognize your union as valid and legal. That’s due to something called the Full Faith and Credit Clause found in the U.S. Constitution.

There are also no provisions made for civil unions or domestic partnerships in the state, although cohabitation agreements find legal validity within West Virginia’s jurisdiction.¹⁰ Cohabitation agreements are contracts that outline each party’s responsibilities, offering them financial security. The contract also protects their rights on matters such as property division should they decide to part ways later.

West Virginia maintains specific divorce details which include the names of divorced individuals, the date of their divorce, involved court and filed documents, among other things.

More importantly, in West Virginia, there is no difference between the terms ‘divorce’ and ‘dissolution of marriage.’ So, when you search in West Virginia, you’re searching for divorce records.

To get these documents, head over to the Circuit Court Clerk’s Offices. Usually, they handle things in person, but you may want to give them a call first just in case there are additional ways to access the records.

How To File for Divorce & Address Being Served Papers

To begin the divorce process, first, an individual must complete official forms. The state’s Judiciary provides an online packet of necessary divorce paperwork.

The second step is filing the completed documents with the Court Clerk. It might require more forms based on the county you are planning to file in. You should check this with your local Court Clerk.

More importantly – ensure to officially notify about the divorce proceeding to your spouse along with all documentation filed by sharing copies of the same.

If you are on the receiving end of the divorce papers, then reconciling may prove to be beneficial. If that’s not possible, then filling out the forms and submitting them to the relevant County Court Clerk’s office is the only viable option.

In regard to choosing the county to file papers in, you could file them at one of the below mentioned options:

• The county where you last lived as a couple,
• The county where your spouse currently resides if within West Virginia, or
• In your county of residence, if the spouse lives outside the state.

Remember that there is a filing fee involved, too, which, as of 2023, is $135, payable to the Court Clerk at the time of submitting your papers.

Once this procedure is completed, it is termed as a ‘final divorce decree,’ after which both individuals are declared ex-wife and ex-husband – free to start their new lives.

The case for a divorce in West Virginia could be raised on two grounds: no-fault and fault-based, which has its basis in W.V. Code §48-5-201.¹³ A no-fault divorce means nobody is blaming each other for anything – they simply cite irreconcilable differences between them. Both parties must agree on paper to take forward this approach.

On the contrary, if any of the individuals decide not to opt for the no-fault option, code 48 provides eight faulty yet valid reasons for separation.

When a couple decides to split up in West Virginia, the property also gets divided. The court uses a fair method they call equitable distribution and may offer a divorce appraisal for calculating the valuation of the property. This doesn’t mean equal but rather what is just and right.

The standing point of the court usually suggests an equal sharing of marital property.

Yet, things may change if there’s financial hardship on one side after the divorce. That’s when alimony or spousal support comes into play. It represents regular payments from one spouse to the other as financial aid.

These payments can result from numerous factors like prenuptial agreements, judge orders or settlements during divorce proceedings. However, for a couple to qualify for spousal support, living separately is mandatory according to West Virginia Code 48-8-101(c).¹⁴

Once separation happens, either party can request this support. The decision revolving around its amount and duration is evaluated by analyzing almost 20 different factors by the courts.

Another key aspect that comes under consideration before the courts is child support. In West Virginia, the courts consider it a joint duty of both parents to provide for their child irrespective of who gets custody. However, how much money will be provided by each individual depends mostly on two things: the number of kids in question and the total income earned by both parents combined.

To come up with an amount that is fair to all parties involved, West Virginia makes use of certain guidelines that factor in those aforementioned aspects. However, these aren’t rigid thresholds, and if they so choose to do so, parents are allowed to pay beyond the amounts set by these state guidelines.

But when a reduction becomes necessary – only a court-authorized jurisdiction can grant this. For matters relating to child custody, the courts carefully examine different aspects and allot parenting time (or physical custody) alongside decision-making responsibilities (or legal custody) to a particular or both parent(s).

Sometimes, couples can negotiate terms before stepping into court, or even try to reconcile their marriage with outside help through mediation or arbitration. However, if the matter remains unresolved, that’s where the judges step in and terminate the marriage.

Once the divorce is finalized, it becomes part of the court records, which can then be accessed by the public only after the stipulated time period of 50 years. To finԁ West Virginia divorce records, inԁiviԁuаls may follow the рroсesses ԁisсusseԁ in this resource.