Need proof your marriage ended? West Virginia divorce records provide official documentation when you need to verify a divorce occurred. Whether you're planning to remarry, changing your name, applying for benefits, or handling legal matters, knowing how to access these records helps you get the documents you need.
What Are West Virginia Divorce Records?
West Virginia keeps several types of divorce-related documents. Each serves different purposes and contains different information.
- Divorce certificates come from the West Virginia Department of Health and Human Resources. These certificates prove that a divorce happened. They show the basic facts, both people's names, when the divorce was final, and where it happened. Think of divorce certificates like a quick receipt showing your marriage ended.
- Final divorce decrees are the actual court orders that ended your marriage. These come from the county clerk where your divorce happened. The decree contains way more detail than a certificate. It shows how property got divided, whether anyone pays support, custody arrangements if you had kids, and any name changes the court approved.
- Complete divorce files include every paper filed during your divorce case. This means the original complaint, responses, motions, financial documents, settlement agreements, and the final decree. If you need to know exactly what happened during the divorce process, these files have all the details.
What Information Is in the Records?
The amount of information depends on which type of record you get.
- Divorce certificates include the full names of both people at divorce time, the exact date the divorce became final, which county that granted the divorce, and an official certificate number.
- Final divorce decrees have all that certificate information plus how the court divided property and debts, spousal support amounts and how long it lasts, child custody and visitation schedules, child support calculations, and any approved name changes.
- Complete case files contain everything: all the financial disclosures, every motion filed, all the evidence presented, settlement negotiations, and the complete court record from start to finish.
Can Anyone Get West Virginia Divorce Records?
West Virginia protects divorce records from public access. Not just anyone can walk in and request your divorce documents. The state limits access to protect privacy.
Authorized people who can get divorce records include both people named in the divorce, their immediate family members (parents, children, siblings, and grandparents), legal representatives with proper authority, and anyone with a court order granting access.
You need to prove you're authorized. That means showing a valid photo ID like a driver's license, state ID, passport, or military ID. Your ID needs to show that you're one of the divorced people or prove your family relationship.
The extended family can't get the records. That means aunts, uncles, cousins, in-laws, and other relatives can't request divorce records even though they're family. West Virginia draws a clear line at immediate family only.
When Records Become Public
Unlike some states, West Virginia divorce records don't automatically become public after a certain number of years. These records stay protected unless a court orders them sealed or unsealed for specific reasons.
Some very old historical records may become available for genealogical research, but this varies by county and how old the records are. Check with the specific county clerk if you're doing family history research on divorces from many decades ago.
Where Can You Find West Virginia Divorce Records?
The Vital Registration Office within the West Virginia Department of Health and Human Resources maintains divorce certificates for divorces in West Virginia since 1968. This state office provides a central place to get certificates, no matter which county granted your divorce.
Contact them at: Vital Registration Office, 350 Capitol Street, Room 165, Charleston, WV 25301-3701. Phone: (304) 558-2931.
The Vital Registration Office only handles divorce certificates, not full decrees or case files. For detailed settlement information, you need the county clerk.
County Clerk Offices
Each West Virginia county clerk's office keeps final divorce decrees and complete case files for divorces in that county. You must request these from the clerk in the county where the divorce happened.
West Virginia has 55 counties, and each clerk maintains their own records. You need to know which county granted the divorce before requesting records. If you're not sure, you might need to contact several counties or search online court databases.
The county clerk can provide certified copies of final divorce decrees showing all settlement terms, plus access to complete case files with every document from the divorce.
Local Health Departments
Some West Virginia county health departments can provide certified copies of divorce certificates for divorces anywhere in the state. Not all health departments offer this service, so call ahead to check.
Local health departments issue the same certificates as the state office, but they might be more convenient depending on where you live.
How Do You Request West Virginia Divorce Records?
To request divorce certificates by mail from the state Vital Registration Office, you need to send a written request with specific information.
Include full names of both people at the time of divorce, the date of divorce (or approximate year if you don't know exactly), which county granted the divorce, your relationship to the people in the divorce, why you need the record, your contact information, and your return mailing address.
Also, send payment and a photocopy of your valid ID. Make checks or money orders payable to "Vital Registration."
Mail everything to: Vital Registration Office, 350 Capitol Street, Room 165, Charleston, WV 25301-3701.
Mail requests usually take two to three weeks to process. Don't wait until the last minute if you need records for a deadline.
Walking In for Records
You can visit the Vital Registration Office in Charleston in person. Bring your valid photo ID, payment (cash, check, or money order), and be ready to provide all the information about the divorce.
In-person requests often get processed faster than mail requests, sometimes the same day if the office isn't too busy.
Requesting Court Records
To get final divorce decrees or complete case files, contact the county clerk where the divorce happened. Each county has its own procedures, but most want you to provide the case number if you know it, the year of divorce, the full names of both people, your relationship to the people, and why you need the records.
Some West Virginia county clerks let you request records by mail, phone, or in person. Call your specific county clerk to find out their process and what they need.
How Much Do West Virginia Divorce Records Cost?
The West Virginia Vital Registration Office charges $12 for each certified copy of a divorce certificate. This covers searching for the record and one certified copy. Need more copies of the same record? Each additional copy also costs $12.
Payment must be by check or money order made out to "Vital Registration." Some locations might take credit cards for in-person requests.
County Clerk Fees
County clerks charge different fees depending on the county. Most charge $1 to $2 per page for certified copies of divorce decrees and case documents. Some counties add certification fees or search fees on top of the per-page cost.
The first certified copy for people named in the divorce is often free or reduced cost in many counties. Additional copies and copies for other authorized people cost the standard fees.
Call your specific county clerk for exact pricing. Don't assume all counties charge the same; fees vary across West Virginia.
Third-Party Service Costs
Companies like VitalChek offer to get vital records for you, including divorce certificates. They charge convenience fees plus shipping costs on top of the state's $12 certificate fee.
These services cost more but might deliver faster through expedited shipping. They also handle the paperwork for you if that's worth paying extra.
Who Can Access the Records?
Everyone requesting West Virginia divorce records must prove they're authorized to get them.
If you're one of the divorced people, your ID showing your name matching the divorce record usually works. Bring government-issued photo ID with your current name (or documentation of any name change if your name changed after the divorce).
- Immediate family members need to show the family connection. Your birth certificate showing the divorced person as your parent works for adult children. Parents might show their ID plus the divorced person's birth certificate proving parenthood. Siblings can show birth certificates proving you share parents.
- Legal representatives need documentation like power of attorney papers, court orders appointing them as guardian or executor, or written authorization signed by one of the divorced people.
What If Your Request Gets Denied?
The office might deny your request if you can't prove you're authorized, don't show proper ID, don't include the required payment, or give incomplete information so they can't find the record.
If denied, they'll usually explain why and let you submit additional information or documents. Fix whatever was missing and try again.
Can You Seal West Virginia Divorce Records?
West Virginia courts can order divorce records sealed so they stay confidential even from people normally authorized to see them. You file a motion asking the court to seal your records.
You can file this motion during your divorce or even after it's final. The judge decides whether to grant it based on whether you have good reasons like protecting children from harm, preventing damage from sensitive information becoming public, protecting business trade secrets or confidential information, or stopping false information from spreading.
Accessing Sealed Records
Even sealed records aren't completely locked away. The divorced people can still access their own records, their lawyers can see them, and anyone else the judge specifically authorizes can get access.
Sealed records don't automatically unseal after any time period. They stay sealed unless a court later orders them unsealed.
What If You Don't Know Which County Granted the Divorce?
If you don't know which West Virginia county handled the divorce, start by thinking about where the people lived when they divorced. West Virginia usually requires filing in the county where at least one person lives.
Online court records might help. Some West Virginia counties offer online case search systems. Check the county court websites for counties where you think the divorce might have happened.
You can also call county clerks and ask if they can check whether they have a divorce record for specific people. Some will do quick checks over the phone, while others require written requests.
No Statewide Court Database
West Virginia doesn't have one central database showing all divorce cases across every county. Each county keeps its own records separately.
This means if online searching doesn't work, you might need to contact multiple county clerks until you find the right one. Start with the most likely counties based on where the people lived.
How Long Does It Take to Get Records?
How long you wait depends on how you request records and how busy the office is.
- Mail requests to the state Vital Registration Office typically take two to three weeks from when they receive your request until they mail the certificate back.
- In-person requests often get processed the same day, though busy offices might ask you to come back later or have the certificate mailed.
- County clerk requests vary widely. Some counties process requests in a few days. Others might take two weeks or more, especially if they need to pull files from storage or if the clerk's office is really busy.
Getting Records Faster
For quicker service, try going in person when possible, using third-party services with expedited options, or calling the office to ask about their current processing times before you need the records urgently.
If you have a court deadline or other time-sensitive need, explain that when requesting records. Sometimes offices can prioritize urgent requests.
What Are Common Reasons People Need Divorce Records?
People request West Virginia divorce records for many reasons.
- Remarriage is probably the most common. You need to prove you're legally divorced before you can marry again. The new marriage license office will want to see proof your previous marriage ended.
- Name changes often require divorce records. If the court approved returning to your maiden name or another previous name, you need the decree showing that to update your driver's license, Social Security card, passport, and other documents.
- Benefits and insurance sometimes require proof of divorce. This might include claiming Social Security benefits based on an ex-spouse's record, removing an ex-spouse from insurance policies, or updating beneficiaries on retirement accounts.
- Legal proceedings might need divorce records as evidence. This could be related to property disputes, estate matters, child custody modifications, or other court cases where your marital status matters.
- Financial matters like applying for loans, updating property titles, or handling tax issues might require proving your marital status changed.
Can You Get Records If Your Ex Doesn't Want You To?
If you were one of the people in the divorce, you have the right to your divorce records regardless of what your ex-spouse wants. They can't block you from getting your own records.
The same goes for your immediate family members. Your ex can't prevent your parents, children, or siblings from getting records they're legally entitled to access.
Privacy Concerns
If you're worried about your ex accessing the records, understand that they have the same rights you do. Both people in a divorce can get copies of their own divorce records.
If you have serious safety concerns, like domestic violence situations, talk to a lawyer about whether sealing the records makes sense. Sealed records provide more protection, but you need a court order to seal them.
What About Really Old Divorces?
Historical Records
West Virginia's statewide vital records system for divorces started in 1968. For divorces before 1968, records exist only at the county level.
Very old divorces from the early 1900s or late 1800s might be harder to find. Record-keeping varied a lot back then. Some counties have excellent historical records, while others have lost records to fires, floods, or just poor storage over the years.
If you're researching an old divorce for family history, contact the county clerk where you think it happened. Explain that you're doing genealogical research. They might have historical records or be able to point you to county historical societies or archives.
Microfilm and Digital Records
Many West Virginia counties have put old records on microfilm or digitized them. This helps preserve fragile old documents and sometimes makes searching easier.
Ask the county clerk whether they have searchable digital records or whether you'll need to look through microfilm or paper files for old divorces.
Knowing who can access these records, divorced individuals, their immediate families, and legal representatives, and what you need to prove your authorization, streamlines the request process. Whether you request records by mail, in person, or through third-party services, understanding the costs, processing times, and required information helps you get your documents without unnecessary delays.
From the state Vital Registration Office for certificates to county clerk offices for complete decrees and case files, West Virginia provides multiple access points for authorized people to obtain divorce documentation. The system balances protecting privacy with legitimate needs for divorce proof, ensuring people can access records they're entitled to while keeping sensitive information from unauthorized disclosure.