Are Divorce Records Available to the Public in West Virginia?
West Virginia is a closed-record state and, as such, does not regard vital records as public records. Therefore, divorce records are not in the public domain and are sealed by default. West Virginia keeps divorce records confidential for 50 years. During this period, those eligible to access and copy divorce records include the divorced individuals named in these records, their immediate family members, and attorneys of record. Third parties can only access these records during this period if they have valid court orders authorizing access to those specific records.
There are three general types of divorce records in West Virginia: divorce decrees, divorce certificates, and divorce case records. Some of these are public records, while access to some is restricted to eligible individuals.
West Virginia Divorce Record
A divorce record refers to the complete case file of a divorce court case. It represents all the documents introduced and produced during the pre-trial and trial stages of the case as well as at its conclusion. Therefore, a complete divorce case record includes all motions, summons, orders, witness statements, court transcripts, evidence, assessments, and reports. This record also includes the final ruling of the court, otherwise known as the divorce decree.
Complete divorce case records are maintained at the 27 Family Courts in West Virginia. While divorce decrees and certificates are the most commonly requested divorce records, case files are required for parties interested in reviewing their divorce court proceedings or appealing the final decisions.
Divorce records are considered court records. They may, therefore, be searched on third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
Understanding West Virginia Divorce Certificates
A divorce certificate is a vital document that declares a marital union dissolved. This is a simple summary of the dissolution of a marriage. The document identifies both divorced parties as well as when and where their divorce was finalized. Divorced individuals often need certified copies of divorce certificates to establish their marital status when changing their names and applying for new marriage licenses. West Virginia does not issue divorce certificates.
Understanding West Virginia Divorce Decrees
A divorce decree is a court document issued at the end of a divorce case that establishes the legal standing of the dissolution of a marital union. It also provides detailed information about the terms of the divorce, including information about spousal support, child support, custody rights and visitation, and asset division. In West Virginia, divorce decrees are maintained by the Offices of the Clerks of Family Courts.
How to Find Public Divorce Records Online
West Virginia allows public access to divorce records older than 50 years from the date of divorce. However, the circuit clerk's offices do not provide online databases where eager persons may inspect public divorce records. Everyone requiring a West Virginia public divorce record through official channels must go to a circuit courthouse to use a public access terminal or query the clerk's office staff.
That said, an individual can use third-party or private aggregate databases as an alternative to finding West Virginia public divorce records online. These databases are typically searchable with a divorcee's name and state, but search fees frequently apply to use such sites.
How Do I Obtain a West Virginia Divorce Decree?
West Virginia issues copies of divorce decrees to both parties at the conclusion of their divorce case. The presiding judge signs the decree, and the Clerk of Court files it along with other documents produced during the trial after issuing copies of the divorced individuals.
To obtain copies of a divorce decree later, the requester must visit the Office of the Clerk in the Family Court, where their divorce was finalized. Besides the persons named in the record, only their adult children and designated legal representatives may request copies of the divorce decree issued at the end of the case. These individuals may also access other court documents produced in relation to the divorce case.
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
How to Obtain a West Virginia Divorce Certificate
West Virginia does not provide certificates for divorces finalized in the state. While the Vital Registration Office of its Department of Health and Human Services provides birth, death, and marriage records, it does not maintain divorce records. Divorced parties looking for divorce certificates are redirected to request copies of their divorce decrees at the county level.
West Virginia Vital Registration Office maintains a Divorce Index, including records of divorces finalized in the state from 1967 to the present. However, it does not make this Index publicly available. Rather, it uses the information contained for its annual vital statistics publication and allows access only to those conducting genealogical research.
Does West Virginia Recognize Common-Law Marriages?
The State of West Virginia recognizes common-law marriages made by couples who migrated from states that support this union. According to the West Virginia Code, persons to be married under the law in West Virginia must be age 18 and above. A valid means of identification is also a requirement, and no provision is made for marriage by proxy, both partners must be present. Parents’ consent is needed for partners 16 or 17 years of age, plus a 3-day waiting period. Both parties must also provide the names and place of birth of their parents, and you cannot marry your relative up to the 3rd generation. The marriage must be conducted by a Judge or authorized persons according to the code and certificate issued by the county clerk of the couple’s residence.
Dissolution of Marriage Records
The dissolution of the marriage process is the same as the divorce process in West Virginia. It refers to the severing of lawful marital ties between spouses via the court system. It should not be confused with the annulment process (which renders a marriage void from the start) or an action for separate maintenance (which gives financial support to spouses who are legally separated but not divorced).
Dissolution of marriage (divorce) records in West Virginia are created from court proceedings initiated to legally terminate a marriage and decide the rights or liabilities of spouses. Such records contain the divorced spouses' names, the divorce date, the presiding court's name, filed motions and documents, information about the divorce agreement (e.g., custody of children involved), etc.
It is worth mentioning that West Virginia does not interchange the terms "divorce" and "dissolution of marriage," as seen in several U.S. states. In West Virginia, an action filed to terminate marital rights and responsibilities is solely known as a "divorce".
How to Find Dissolution of Marriage Records in West Virginia
Residents can find dissolution of marriage (divorce) records in West Virginia at the circuit court clerk's offices. Mainly, the clerks accept in-person requests. However, one should contact an applicable court clerk's office to find out if other request methods are available.
