West Virginia Divorce Records: Official Certificates, Decrees, and Search Options

A divorce record is a collection of legal documents filed or generated by a West Virginia court during a marriage dissolution. They include petitions, summons, financial affidavits and disclosures, child custody and support documents, alimony orders, and divorce decrees. Individuals use divorce records as official legal proof that a marriage has been dissolved. The records can also be used for personal purposes or to trace family history. Most documents contained in a divorce case file are confidential and are only accessible to a select few.

Divorce in West Virginia: According to the West Virginia Court System 2024 Annual Statistics Report, approximately 7,266 of the 18,079 new cases filed in the state's Family Courts were divorce filings. These cases accounted for about 31% of all matters received by Family Courts that year. The counties with the highest divorce cases are Berkeley (517), Cabell (401), and Wood (326).

Official Types of Divorce Documentation in West Virginia

Below are the types of divorce documents a person can obtain in West Virginia:

• Divorce Certificate: This is an official document that confirms the legal finalization of a divorce. Individuals require copies of their divorce certificates when updating government documents, applying for a new marriage license, changing their name, or settling financial matters. These documents are available at the Circuit Court Clerk's Office where the divorce was filed.
• Divorce Decree: This is the final judgment issued by a judge once all matters in a divorce case have been resolved. Circuit Court Clerks are the custodians of divorce decrees in West Virginia. Divorce decrees help both parties understand their legal responsibilities and protections following the divorce.
• Divorce Index: This is an organized reference list of divorce records. It does not contain the full divorce documents, but provides enough information to locate a specific divorce record. The West Virginia Vital Registration Office maintains divorce indexes, which are considered useful for background checks, genealogical research, or legal verification of marital status.
• Divorce Case File: This is the official legal record of a divorce, containing a comprehensive collection of documents created during the divorce proceeding. Circuit Court Clerks maintain divorce case files. These records enable individuals to request certified copies of divorce records for personal, legal, or administrative purposes.

Document Type	Issued By	Purpose	Contains
Divorce Indexes	West Virginia Vital Registration Office	Divorce verification	Names of the spouses, divorce date, filing date, county where the divorce was granted, and case or docket number
Divorce Certificate and Decree	Circuit Court Clerks	Proof of legal divorce and details of the settlement and terms	The full names of both former spouses, the date or place the divorce occurred, rulings, custody orders, and property division

Public Access and Confidentiality of West Virginia Divorce Records

The West Virginia vital records laws and the Rules of Practice and Procedure for Family Court govern the public accessibility and confidentiality of divorce records. Per West Virginia Code §16-5-27, divorce vital records are confidential for 50 years from the date of the divorce. During this period, access is limited to eligible individuals, including parties to the divorce, their parents, spouses, adult children, legal guardians, or authorized representatives (West Virginia Code §16-5-28). After 50 years have elapsed, divorce records become available to the public without restriction.

Court records from divorce proceedings are subject to additional rules under the Rules of Practice and Procedure for Family Court. These rules provide that all orders and indices are public records, meaning the final judgments and docket information can generally be inspected by the public. However, all pleadings, exhibits, recordings, transcripts, or other documents contained in the divorce case file are confidential and are not open for public inspection. Access to confidential divorce records is restricted to the parties involved, their attorneys of record, individuals designated in writing by a party, guardians ad litem, and persons with standing to modify or enforce a support order.

What Information Do West Virginia Divorce Records Include?

West Virginia divorce records provide an official account of the legal dissolution of a marriage. The exact information contained in a divorce record varies by the county family court where the divorce was granted and the type of record requested. However, most West Virginia divorce records typically include the following data points:

• Full legal names of both spouses involved in the divorce
• The date when the marriage originally occurred
• The date the divorce petition was filed.
• The name of the court handling the divorce case and its location
• The date the court officially granted the divorce.
• The case number and the ground for the divorce
• The signature of the judge or court official approving the divorce.
• The terms and amount of spousal support or maintenance (if applicable)
• Information regarding custody arrangements, visitation schedules, and child support obligations (if applicable)
• Details on the distribution of marital property, debts, and other financial arrangements.

Procedures for Locating Divorce Records in West Virginia

West Virginia residents can access divorce records at county circuit court clerk offices, the state vital registrations office, or through the West Virginia Public Access Search System (WVASS). County circuit courts maintain the official divorce case files and decrees, while the West Virginia Vital Registration Office holds an index of divorces from 1967 onward. The cost of obtaining copies typically ranges from $0.25 to $1 per page, depending on the source and type of document.

Record Source	Office or Platform	Years Covered	Access Type	Fees
Vital Registration Office	West Virginia Department of Health	1967-present	Divorce indexes	N/A
Judiciary Portal	West Virginia Public Access Search System (WVASS)	1999-present	Case search	No charges for viewing case information $0.25 per-page fee for viewing or downloading case documents
County Clerks	Circuit Court Clerks	All years	Certified decrees	$1 per copy

How to Request Certified Copies of Divorce Records in West Virginia

A certified copy of a divorce record is an official document issued by a court in West Virginia that proves a divorce has been finalized. The copy is legally valid because it bears the court's seal and the clerk's signature. Individuals can use certified copies of divorce records for official purposes, such as changing their name, updating their marital status, or verifying a former spouse's divorce.

Follow the steps below to request certified copies of divorce records in West Virginia:

Step 1. Identify the appropriate court

Record seekers can request certified copies of divorce records in West Virginia at the Circuit Clerk's Office in the county where the divorce was finalized. The Circuit Clerks are the custodians of all official Family Court records, including divorce decrees and other relevant documents.

Step 2. Contact the Court

Requesters should contact the Circuit Clerk's Office in the county where the divorce was finalized by phone or email to confirm the availability of their desired record and to get information on how to request copies. Circuit Clerks have their contact information on their websites.

Step 3. Submit a Request

Most Circuit Court Clerks in West Virginia issue certified copies of divorce records in person at their offices. Applicants must provide sufficient information to help the clerk locate the correct record, such as the full names of both parties, the divorce date, and the case number. Some clerks may also require a valid photo ID to process the request, verifying the requester's identity and protecting the confidentiality of court records.

Step 4. Pay the required fee.

Copies of divorce records cost $1 per page. Payments can be made by cash, money order, cashier's check, or Visa/Mastercard.

Copy Type	Where to Request	Who Can Order	Legal Use
Certified Certificate	Clerk of the Circuit Clerk	Parties to the divorce, their parents, spouses, adult children, legal guardians, or authorized representatives	Proof for remarriage, name change, or updating financial documents
Certified Decree	Clerk of the Circuit Clerk	Parties to the divorce, their parents, spouses, adult children, legal guardians, or authorized representatives	Legal enforcement of the terms of the divorce
Informational Copy	Clerk of the Circuit Clerk and West Virginia Vital Registration Office	Anyone (if allowed)	Personal, genealogical, or historical use

Why Search for Divorce Records in West Virginia?

One primary reason people search for divorce records in West Virginia is to verify marital status. They provide these documents when making changes to legal or financial documents, applying for a new marriage license, or updating identification. Attorneys, courts, or financial institutions may use divorce records to confirm the terms of a divorce decree when resolving legal or financial matters. Employers or licensing agencies may review divorce records as part of background checks on an individual's legal or marital history. Finally, parties involved in the divorce may search for their own records for personal recordkeeping. They will need these records when updating wills, insurance policies, or custody agreements.

How Long Are Divorce Records Kept in West Virginia?

According to W. Va. Code § 16‘5‘36, every divorce decree is filed with the county circuit court clerk and sent to the State Registrar of Vital Statistics. The State Registrar has a duty to preserve and index all records received. Divorce records in West Virginia are considered permanent. Access to these records is restricted to the case parties, their immediate family members, and authorized persons for the first 50 years. However, the records become publicly accessible after 50 years.

County clerks are responsible for preserving all filed divorce records until they are legally delivered out. They may destroy paper records, but only in accordance with a Record Retention Schedule set by the Supreme Court of Appeals, and only after creating microfilm or electronic copies of all documents required to be permanently preserved, with secure storage and indexing (W. Va. Code § 51‘4‘3). Certified reproductions in microfilm or electronic form are legally equivalent to the original and are intended for indefinite preservation.