West Virginia Divorce Records

West Virginia previously had one of the highest divorce rates in the country, ranging above 5.0 per 1000 from 1990 to 2010. Only recently, it reduced to 3.3, which is still much higher than the national rate of 2.4 per 1,000. Divorce rates within the state may vary according to demographics, though they are unusually higher in some demographics than others. African Americans for example in the state are more likely to divorce compared to Asian couples.

The divorce records in the state are generated and presided over by the Clerk of the Circuit Court operating at the county level. Fees and other requirements to access the divorce records could depend on the county as well. These records can be grouped into three.

• Divorce Certificate: a divorce certificate is an official document that proves the end of the union. It gives identifying information as well including their names, the date and locations of the divorce. The certificate may be used for legal purposes so they are only accessible to the names on the record or their legal representatives.
• Divorce Decree: it is the main decree indicating the official end of the marriage. These documents have more details concerning how the parties will live apart including child custody, asset division, and other arrangements. These are accessible to other parties to a certain degree.
• Divorce Case Records: these records entail the divorce case motions, evidence, petitions, and testimonies.

Accessing these records depends particularly on the policies of the agency that maintains the information. In the state though divorce records are open for anyone to view. This is according to the West Virginia Freedom of Information Act, which provides parties the right to view or copy public records with certain exceptions.

What Are the Residency Requirements for Divorce In West Virginia?

Chapter 48: Domestic Relations, claims that if the union was initialized in the state, either of the parties could file for divorce, provided one of the parties is a current resident of West Virginia. However, if the wedding occurred outside the state lines, it is still possible for a West Virginia court to hear the proceedings, provided the requester or their spouse has been a state resident for one year before the start of the case.

What Are the Grounds for Divorce in West Virginia?

In West Virginia, the courts can process a divorce based on grounds of fault or no-fault.

Fault-Based Divorce: fault divorce happens when either or both parties have committed actions to legally cause the end of the relationship. Typically, infidelity is the main reason for fault divorces in the state. However, parties must consider that accusations of adultery must be followed through with irrefutable evidence of the case.

The other cause is desertion where one of the parties intentionally leaves their partner to live elsewhere and does not contribute to the household for six months. Cruel treatment and substance abuse are causes as well provided the requesting party can prove it creates an unsustainable household.

No-Fault Divorce: No-fault divorce is quite common as well for couples that mutually want to end their marriage. The most commonly indicated reason for these cases is irreconcilable differences. That means the marriage relationship cannot be salvaged. If both parties have been living separately for at least one year. They can opt to file for divorce using a no-fault approach.

How Much Does It Cost To File for Divorce in West Virginia?

The cost of a divorce in the state varies depending on various factors, including whether the divorce was fault-based or not. It also depends on external factors, including child custody, property division, or alimony. Provided the divorce is uncontested, parties can expect the following cost breakdown.

• Filing fee: In West Virginia, the Petition for Divorce fee is $135
• Service of process: $25 to $50 if a sheriff or a professional server serves the petition.
• Certification fee: $5 for the certified divorce decree
• Attorney Fees: Initial attorney fees range from $500 to $2,500 for uncontested divorces
• Notary Fees: $10 per document
• Parenting class fees: if the parties have minors, some counties require parenting classes at $25 per parent.

Divorce costs are reduced even further if one takes a DIY approach. With an attorney, the cost ranges from $800 to $3000, much lower than the national average of $3,500. If the divorce is contested, though, in West Virginia, the fees may increase to $10,000.

How Long Is the Waiting Period for Divorce in West Virginia?

The waiting period for a divorce in West Virginia will depend on whether it was contested or uncontested. Even if the divorce is uncontested, though, the courts will not schedule this hearing until 20 days after the spouse has been served with divorce papers.

How To File for Divorce in West Virginia?

The divorce process in West Virginia depends on the type and the partner's jurisdictional eligibility.

For No-Fault divorces:

• Meet residency requirements: at least one of the spouses must be a resident of the state for a period of one year prior to the filing of divorce.
• Prepare a divorce petition: The Petition for Divorce is to be filed with the Circuit Court. State and center your request to file on grounds of irreconcilable differences. The filing would contain other details about the marriage, which include the date of marriage, names of the children, and their ages. The filing will also include a marriage certificate and financial disclosure forms. Pay the filing fee, according to that county.
• Serve the divorce papers: It could be served through the sheriff or a private process server serving the papers. If the other party lives in the state, they have usually 20 days to respond; if they live out of the state, it is 30 days.
• Settlement: If the divorce is not contested, the parties will then prepare and submit a settlement agreement that provides for child custody, spousal support, and property division.

For Fault Divorces

• Meet the residency requirement: In the same way as no-fault divorces, one of the spouses must have resided within the state for a year before filing.
• Grounds for divorce: Parties have to choose the specific fault grounds to file for the divorce. These may be adultery, cruelty, felony convictions, substance abuse, or abandonment.
• File divorce petition: file the divorce petition at the Circuit Court within the specific county. This will entail the grounds for divorce and specific evidence supporting the fault-based ground. Along with the petition, parties may submit supporting documentation, including marriage certificates, financial disclosure forms, and filing fees.
• Serving divorce papers: the spouse must officially be notified of the divorce and have 20 days to respond if they reside within the state. For contested fault allegations, the case will proceed to trial. The courts will then consider the evidence to determine if the grounds are valid, and a decision will be made concerning property division.

West Virginia also provides self-help tools for parties seeking divorce through state court. These resources are available on the West Virginia Judiciary's official website.

Are Divorce Records Public in West Virginia?

In West Virginia, divorce records are open to the public by Code § 29B-1-1 et seq. The regulation indicates the right of individuals to access documentation and records held by the judiciary, including divorce records. That is unless there is an explicit exemption. Records, including petitions, decrees, and motions filed by the court clerk, are accessible under the law.

That said, there are exceptions to protect minors or cases of domestic abuse. Family court judges also have the discretion to seal records or limit access if necessary to protect parties' privacy. Sealed divorce records are also confidential as they are limited to specific parties.

How To Get Certified Copies of a Divorce Decree in West Virginia?

To obtain certified divorce decrees, requesters may contact the Clerk of the Circuit Court within the specific county where the divorce was finalized. Interested parties can verify the judicial district and the court that heard the case. They can contact the clerk of the circuit court's office in advance to confirm the process.

They would have to provide necessary information, including the parties' names, case numbers, and divorce dates. Most circuit clerks require a fee that varies depending on the county.

It is worth noting as well, that a divorce decree and divorce certificate are distinguishable. Divorce certificates are basic proof of the divorce occurrence, while decrees are comprehensive details of the separation.

Divorce Settlement: Is West Virginia a 50/50 State?

West Virginia is an equitable distribution state so it does not mean 50/50 distribution for marital property. That means the state considers both partners' financial situation, their contributions, and the partner with custody of the children to provide a just allocation of the available assets.

FAQs About Divorce Process In West Virginia

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