Cabell County Public Records /Cabell County Divorce Records

Cabell County Divorce Records

What Are Cabell County Divorce Records?

Divorce records in Cabell County are official legal documents that provide documentation of the dissolution of marriage between two individuals. These records are maintained pursuant to West Virginia Code § 48-5-701, which governs divorce proceedings in the state. Divorce records typically consist of various court documents filed throughout the divorce process, including the initial petition for divorce, financial disclosures, custody arrangements, and the final divorce decree.

The Circuit Court of Cabell County maintains jurisdiction over divorce proceedings and is responsible for the creation and preservation of these records. Divorce records serve multiple important functions:

Legal proof of marital status change
Documentation required for remarriage
Evidence for name change processes
Verification for Social Security benefits
Supporting documentation for loan applications
Required documentation for immigration matters
Historical and genealogical research purposes

Divorce records are categorized as both vital records and court records in West Virginia. The final divorce decree is registered with the West Virginia Department of Health and Human Resources, while the complete case file remains with the Circuit Court where the divorce was granted.

Are Cabell County Divorce Records Public?

Cabell County divorce records have a complex public access status that varies depending on the specific document type and information contained therein. Generally, court divorce case files are considered public records under the West Virginia Freedom of Information Act, but with significant exceptions and limitations.

The public accessibility of divorce records in Cabell County is governed by the following guidelines:

Court divorce case files are generally available for public inspection at the Cabell County Circuit Clerk's office
Certain sensitive information within these files may be redacted or sealed, including:
- Social Security numbers
- Financial account information
- Minor children's identifying information
- Allegations of domestic violence
- Medical and psychological evaluations
Certified divorce certificates with restricted access are available only to:
- Former spouses named in the divorce
- Legal representatives with proper authorization
- Individuals with a court order authorizing access
- Certain government agencies for official purposes

The West Virginia Supreme Court of Appeals has established rules regarding public access to court records under West Virginia Trial Court Rule 10.04, which provides guidelines for balancing public access rights with privacy concerns in family court matters.

Individuals seeking divorce records must be aware that while basic information about divorce proceedings is public, detailed personal information may be protected from general public disclosure.

How To Find a Divorce Record In Cabell County in 2026

Individuals seeking divorce records in Cabell County may utilize several methods to locate these documents. The primary resources for obtaining divorce records include:

Visit the Cabell County Circuit Clerk's Office in person:

Cabell County Circuit Clerk's Office
750 5th Avenue, Room 108
Huntington, WV 25701
(304) 526-8622
Cabell County Circuit Clerk

Hours: Monday-Friday, 8:30 AM - 4:30 PM
Submit a written request to the Circuit Clerk's Office including:
- Full names of both parties to the divorce
- Date of divorce (approximate if exact date unknown)
- Case number (if known)
- Requestor's contact information
- Purpose of request
- Copy of requestor's valid photo identification
Contact the West Virginia Department of Health and Human Resources Vital Registration Office for a certified divorce certificate:

WV DHHR Vital Registration Office
350 Capitol Street, Room 165
Charleston, WV 25301
(304) 558-2931
Certificate Requests
Use the West Virginia Judiciary's online Court Record Access system to search for basic case information.

Requestors should be prepared to pay applicable fees for record searches and copies. The current fee schedule includes:

Record search fee: $5.00 per name
Copies of court documents: $1.00 per page
Certified copies: $5.00 per document plus copy fees
Divorce certificate from Vital Registration: $12.00

Processing times vary based on the method of request and the age of the records being sought.

How To Look Up Divorce Records in Cabell County Online?

Cabell County residents and authorized individuals may access certain divorce record information through online platforms maintained by the West Virginia Judiciary. The online search capabilities provide a convenient method for locating basic case information without visiting government offices in person.

To search for divorce records online:

Visit the West Virginia Judiciary Court Record Access portal
Select "Circuit Court Case Information Search"
Choose "Cabell" from the county dropdown menu
Enter search criteria (at least one field is required):
- Party name (last name, first name)
- Case number (if known)
- Filing date range
For divorce cases, select "Civil" as the case type
Review the search results, which typically include:
- Case number
- Filing date
- Party names
- Case type
- Current status
- Judge assigned

Important limitations of the online system include:

The system provides case information only, not actual document images
Records may not be available for older cases (generally pre-2000)
Certain sensitive information is automatically redacted
Complete case files must still be obtained in person
User registration may be required for certain search functions

For more detailed information than what appears in the online system, users are directed to contact the Cabell County Circuit Clerk's office directly. The online system serves primarily as an index to locate cases rather than a comprehensive document repository.

How To Find Divorce Records for Free In Cabell County?

Members of the public seeking to access divorce records in Cabell County without incurring fees have limited but viable options. While most official copies and certified documents require payment of statutory fees, the following methods may be utilized to view basic divorce record information at no cost:

In-person inspection at the Cabell County Circuit Clerk's Office:
- Individuals may visit the clerk's office during regular business hours
- Public access terminals are available for searching case indexes
- Viewing records on-site is generally free, though printing copies incurs fees
- Staff assistance with locating records is provided without charge
Online case information search:
- Basic case information is available through the West Virginia Judiciary website
- The public access portal provides free searches of case indexes
- Limited information such as party names, case numbers, and filing dates is viewable
- Document images are not available through this free service
Public library resources:
- The Cabell County Public Library maintains public access computers
- Library staff may assist with navigating court websites
- Some historical divorce records may be available through library genealogy resources
Legal aid organizations:
- Legal Aid of West Virginia may assist qualifying low-income individuals
- Pro bono legal clinics occasionally offer assistance with record searches

While these methods provide free access to basic information, users should note that:

Staff assistance may be limited during busy periods
Comprehensive searches may require more detailed information
Certified copies and official documents still require payment of statutory fees
Records with confidentiality restrictions remain inaccessible regardless of fee waiver

Pursuant to West Virginia Code § 59-1-11, certain statutory fees may be waived for individuals who file an affidavit of indigency and meet financial eligibility requirements.

What's Included in a Divorce Records In Cabell County

Divorce records in Cabell County comprise a comprehensive collection of documents that chronicle the entire divorce proceeding from initiation to final resolution. These records contain various legal documents that collectively provide a detailed account of the dissolution of marriage.

The typical divorce case file includes:

Petition for Divorce - The initial filing that states grounds for divorce and requested relief
Summons - Official notice to the respondent about the divorce action
Financial Disclosure Statements - Detailed information about assets, debts, income, and expenses
Parenting Plans - If children are involved, documents outlining custody and visitation arrangements
Child Support Worksheets - Calculations determining support obligations
Property Settlement Agreements - Documents detailing division of marital assets and debts
Temporary Orders - Court directives regarding support, custody, or property during proceedings
Court Hearing Transcripts - Official records of testimony and arguments presented in court
Final Divorce Decree - The judge's final order dissolving the marriage and resolving all issues

Additionally, divorce records may contain:

Affidavits and sworn statements
Mediation agreements
Guardian ad litem reports in cases involving children
Domestic violence protective orders, if applicable
Name change orders, if requested
Qualified domestic relations orders (QDROs) for division of retirement accounts

The divorce certificate, which is filed with the West Virginia Department of Health and Human Resources, contains more limited information, typically including:

Names of both parties
Date and place of marriage
Date and place of divorce
Case number
Grounds for divorce
Name of presiding judge

The level of detail in divorce records makes them valuable for legal purposes but also explains why certain portions may be subject to confidentiality protections.

How To Get Proof of Divorce In Cabell County?

Individuals requiring official proof of divorce in Cabell County have multiple options for obtaining this documentation, depending on their specific needs and the intended use of the proof. The two primary forms of divorce verification are certified copies of the divorce decree and divorce certificates.

To obtain a certified copy of the divorce decree:

Contact the Cabell County Circuit Clerk's Office:

Cabell County Circuit Clerk's Office
750 5th Avenue, Room 108
Huntington, WV 25701
(304) 526-8622
Cabell County Circuit Clerk
Provide the following information:
- Full names of both parties as they appear on the divorce record
- Approximate date of divorce
- Case number (if known)
- Valid photo identification
- Payment of applicable fees ($5.00 for certification plus $1.00 per page)

To obtain a divorce certificate:

Contact the West Virginia Department of Health and Human Resources Vital Registration Office:

WV DHHR Vital Registration Office
350 Capitol Street, Room 165
Charleston, WV 25301
(304) 558-2931
Certificate Requests
Submit an application with:
- Full names of both parties
- Date of divorce
- Place of divorce
- Purpose for requesting the certificate
- Copy of valid photo identification
- Payment of $12.00 fee

For expedited service, applicants may use third-party vital records services authorized by the state, though additional fees will apply.

Acceptable forms of identification include:

Driver's license
State-issued ID card
Passport
Military ID
Employment ID with photo

Pursuant to West Virginia Code § 16-5-28, only certain individuals are eligible to receive certified copies of divorce certificates, including the parties to the divorce, their legal representatives, and those with a court order authorizing access.

Can a Divorce Be Confidential In Cabell County?

While divorce proceedings in Cabell County are generally matters of public record, West Virginia law provides several mechanisms through which certain aspects of divorce cases may be kept confidential. The confidentiality provisions balance the public's right to access court records with individuals' privacy interests, particularly in sensitive family matters.

Under West Virginia Code § 48-1-303 and West Virginia Trial Court Rules, the following divorce information may be subject to confidentiality protections:

Records containing sensitive personal identifiers, including:
- Social Security numbers
- Financial account numbers
- Names of minor children
- Dates of birth
- Medical information
Cases involving allegations of domestic violence or abuse
Psychological evaluations and mental health records
Financial records and tax returns
Guardian ad litem reports regarding children's welfare

Parties seeking additional confidentiality may petition the court for:

A protective order sealing specific documents
Permission to file documents under seal
Redaction of sensitive information from public documents
In rare cases, sealing of the entire case file

To request confidentiality measures, parties must:

File a motion with the Circuit Court demonstrating good cause
Specify exactly which documents or information should be protected
Explain why the privacy interest outweighs the public's right to access
Propose the least restrictive means of protecting the information

The court applies a balancing test weighing privacy concerns against the presumption of public access to court records. Complete sealing of divorce cases is rare and generally requires demonstrating that disclosure would result in specific harm or endangerment.

Even when certain documents are sealed, basic case information typically remains accessible through the public docket, including party names, case numbers, and the judge assigned to the case.

How Long Does a Divorce Take In Cabell County?

The duration of divorce proceedings in Cabell County varies significantly based on multiple factors, including case complexity, cooperation between parties, and court caseload. Understanding the typical timeframes can help individuals set realistic expectations when initiating divorce proceedings.

For uncontested divorces where parties have reached agreement on all issues, the process typically takes:

Minimum waiting period: 30 days from filing to final hearing (statutory requirement)
Typical processing time: 60-90 days from filing to final decree
Additional time if corrections to paperwork are needed: 2-4 weeks

For contested divorces requiring judicial resolution of disputes, timeframes extend considerably:

Simple contested cases: 4-6 months
Moderately complex cases: 6-12 months
Complex cases involving significant assets or custody disputes: 12-18 months or longer

Factors that influence the timeline include:

Court congestion and scheduling availability in the Cabell County Family Court
Completeness and accuracy of initial filings
Whether temporary orders are requested
Discovery process duration (exchange of financial information)
Mandatory mediation participation and outcomes
Complexity of asset division, especially with businesses or retirement accounts
Child custody evaluations if ordered by the court
Attorney scheduling conflicts
Continuance requests by either party

According to statistics from the West Virginia Supreme Court of Appeals, the average time to disposition for divorce cases in West Virginia is approximately 240 days, though Cabell County's specific averages may vary.

Under West Virginia law, there is no mandatory separation period before filing for divorce, which can expedite the process compared to states with waiting requirements. However, the statutory 30-day waiting period between filing and final hearing cannot be waived except in extraordinary circumstances.

How Long Does Cabell County Keep Divorce Records?

Cabell County maintains divorce records in accordance with West Virginia's records retention schedules, which establish different preservation periods based on the type of record and its historical significance. These retention policies ensure that important legal documents remain accessible while managing storage constraints.

The retention periods for divorce records in Cabell County are as follows:

Final Divorce Decrees: Permanent retention
- These documents are never destroyed and are maintained indefinitely
- After a period in active files, they may be transferred to archival storage
- Eventually, older records may be preserved on microfilm or digital format
Complete Divorce Case Files:
- Current retention period: 50 years from case closure
- After 50 years, files may be evaluated for historical significance
- Cases of historical significance are retained permanently
- Non-significant cases may be destroyed after the retention period
Divorce Certificates filed with Vital Registration:
- Permanent retention by the WV Department of Health and Human Resources
- These records are never destroyed and serve as the official state record
Divorce Indexes and Docket Books:
- Permanent retention as finding aids to locate specific cases
- These records provide chronological listings of all divorce proceedings

The retention of divorce records is governed by West Virginia Code § 57-1-12 and the Records Management and Preservation Board's retention schedules for court records. These regulations ensure that divorce records remain available for legal purposes, including proof of marital status, property rights, and genealogical research.

For records that have exceeded their retention period in paper form, the information may still be accessible through:

Microfilm archives maintained by the West Virginia State Archives
Digital archives if the records have been converted to electronic format
Divorce certificate records maintained by the Vital Registration Office

Individuals seeking very old divorce records may need to contact both the Cabell County Circuit Clerk and the West Virginia State Archives for assistance.

How To Get a Divorce In Cabell County

Residents seeking to dissolve a marriage in Cabell County must follow specific procedures established by West Virginia law. The divorce process involves several steps that must be completed in sequence to obtain a valid divorce decree.

To initiate a divorce in Cabell County:

Determine eligibility:
- Either party must have been a resident of West Virginia for at least one year prior to filing
- If the marriage was performed in West Virginia and one party still resides in the state, there is no minimum residency period
Prepare the required documents:
- Petition for Divorce (Form SCA-FC-101)
- Civil Case Information Statement (Form SCA-FC-103)
- Vital Statistics Form (Form SCA-FC-104)
- Financial Statement (Form SCA-FC-106)
- Bureau for Child Support Enforcement Application (if children involved)
- Proposed Parenting Plan (if children involved)
File the documents with the Cabell County Circuit Clerk:

Cabell County Circuit Clerk's Office
750 5th Avenue, Room 108
Huntington, WV 25701
(304) 526-8622
Cabell County Circuit Clerk

Hours: Monday-Friday, 8:30 AM - 4:30 PM
Pay the filing fee:
- Current filing fee: $135.00
- Additional fee for service by sheriff: $25.00
- Fee waiver available for qualifying low-income individuals (Form SCA-FC-103)
Serve the divorce papers on the other spouse through:
- Sheriff's Department service
- Certified mail with return receipt
- Private process server
- Acceptance of service by the respondent
- Publication (if the respondent cannot be located)
Attend required hearings:
- Initial case management conference
- Final divorce hearing (scheduled after the 30-day waiting period)
- Additional hearings as needed for contested issues
Obtain the final divorce decree after the judge signs it

Individuals may represent themselves in divorce proceedings, but complex cases involving significant assets or contested custody issues often benefit from legal representation. The West Virginia Judiciary provides self-help resources for pro se litigants, including forms and instructions.

Divorces in West Virginia may be granted on either no-fault grounds (irreconcilable differences) or fault-based grounds such as adultery, cruelty, abandonment, or felony conviction.

How To Get Divorce Papers In Cabell County

Individuals initiating divorce proceedings in Cabell County have several options for obtaining the necessary divorce papers. The West Virginia Supreme Court of Appeals has standardized divorce forms that are required for filing in all counties throughout the state.

To obtain divorce papers in Cabell County:

Download forms from the West Virginia Judiciary website:
- Visit the Court Forms - Divorce Forms section of the West Virginia Judiciary website
- Forms are available in fillable PDF format
- A complete divorce packet includes multiple forms based on case circumstances
- Instructions for completing each form are provided
Request forms in person:

Cabell County Circuit Clerk's Office
750 5th Avenue, Room 108
Huntington, WV 25701
(304) 526-8622
Cabell County Circuit Clerk

Hours: Monday-Friday, 8:30 AM - 4:30 PM
Visit the Cabell County Law Library:

Cabell County Law Library
750 5th Avenue, 2nd Floor
Huntington, WV 25701
(304) 526-8620

Hours: Monday-Friday, 8:30 AM - 4:30 PM
Contact Legal Aid of West Virginia for assistance:

Legal Aid of West Virginia - Huntington Office
1135 6th Avenue, Suite 101
Huntington, WV 25701
(304) 522-3135
Legal Aid of West Virginia

The basic divorce packet includes the following required forms:

Petition for Divorce (Form SCA-FC-101)
Civil Case Information Statement (Form SCA-FC-103)
Vital Statistics Form (Form SCA-FC-104)
Financial Statement (Form SCA-FC-106)
Certificate of Service (Form SCA-FC-105)

Additional forms required for cases involving children:

Parent Education Registration Form
Proposed Parenting Plan (Form SCA-FC-121)
Child Support Worksheet (Form SCA-FC-134)
Bureau for Child Support Enforcement Application

Individuals should ensure they have the most current versions of all forms, as requirements may change periodically. The West Virginia Supreme Court regularly updates forms to comply with changes in state law.