Preston County Divorce Records
How To Find a Divorce Record In Preston County in 2026
PrestonRecords.us provides access to publicly available information related to divorce records in Preston County, West Virginia. Members of the public may find case numbers, filing dates, party names, final decrees, and related court documents. Record categories available through official channels include dissolution of marriage filings, final judgments, property division orders, child custody arrangements, and spousal support determinations. Access and completeness of records may vary depending on the age of the case and applicable confidentiality protections.
Divorce records in Preston County may be searched through official court resources, the Circuit Clerk's office, public access terminals at the courthouse, and online tools maintained by the West Virginia Judiciary. The following methods are available to members of the public seeking these records.
Online Searches
1. Clerk of Court Case Search
The West Virginia Judiciary maintains an online case management system that allows members of the public to search circuit court records, including family law and divorce cases. Basic case information — such as party names, case numbers, filing dates, and docket entries — is available at no charge. Obtaining copies of specific documents may require payment of applicable fees.
2. State Court System Portal
The West Virginia Judiciary's court information portal provides consolidated access to court records across the state's judicial circuits. Preston County is part of the Twenty-Second Judicial Circuit, and family court matters fall under the Twentieth Family Court Circuit, which includes Monongalia and Preston Counties. Members of the public may use this portal to identify the correct circuit and locate case information.
3. State Vital Records
West Virginia does not issue divorce certificates through the vital records system in the same manner as birth or death certificates. However, the West Virginia Department of Health's Health Statistics Center serves as the state's official repository for vital records and may provide limited divorce verification information. The HSC maintains records of divorces reported to the state and can confirm whether a divorce was recorded for a given period.
In-Person Searches
Clerk of Court — Preston County Circuit Court (Family Division):
Preston County Circuit Clerk's Office
101 W. Main Street
Kingwood, WV 26537
Phone: (304) 329-0070
Preston County, WV Official Website
- Hours: Monday through Friday, 8:30 a.m. to 4:30 p.m.
- Services available in person:
- Search case files by party name or case number
- View filed documents at public access terminals
- Request certified copies of final decrees and orders
- Obtain staff assistance for locating records
Records Department:
Older and archived divorce case files may be stored separately from active records. Members of the public seeking historical records should contact the Circuit Clerk's office directly to confirm availability and retrieval timelines for cases filed prior to the court's electronic filing period.
By Mail
Written Request:
- Mail to: Preston County Circuit Clerk's Office, 101 W. Main Street, Kingwood, WV 26537
- Include the following in the written request:
- Full legal names of both parties
- Maiden names, if applicable
- Approximate date of divorce or filing
- Case number, if known
- Requestor's full name and contact information
- Purpose of the request, if required
- Payment for applicable copy fees
- Self-addressed stamped envelope for return of documents
- Processing time: Requests submitted by mail are processed within approximately one to two weeks, subject to staff availability and record retrieval requirements.
By Phone
Limited Information Available by Phone:
- Circuit Clerk's Office: (304) 329-0070
- Staff may confirm:
- Whether a case exists in the system
- The assigned case number
- Current case status
- Original filing date
- Staff cannot provide:
- Detailed document contents over the phone
- Copies of filed documents
- Confidential or restricted case information
Through Attorneys
Members of the public involved in complex divorce matters, or those seeking access to sealed or restricted documents, may retain legal counsel to assist with record retrieval. An attorney of record may access the complete case file, request sealed documents upon a proper showing to the court, and obtain certified copies on behalf of a client. The West Virginia State Bar provides a lawyer referral service for individuals seeking legal representation.
Information Needed for Search
Essential Information:
- Full legal names of both spouses at the time of filing
- Maiden names, if applicable
- Approximate date of divorce or year of filing
- Case number, if previously obtained
Helpful Information:
- Date and location of marriage
- Prior addresses in West Virginia
- Names of minor children, if applicable
- Names of attorneys of record, if known
Search in Correct County
Divorce proceedings in West Virginia are filed in the circuit court of the county where either spouse resided at the time of filing. Members of the public who are uncertain of the filing county may need to search multiple counties. A divorce may not be searched in the county where the marriage occurred unless one of the parties also resided there at the time of filing.
Residency Requirement:
Under West Virginia Code § 48-5-105, at least one party to a divorce action must have been a resident of West Virginia for a minimum of one year immediately preceding the filing of the petition. The divorce is filed in the circuit court of the county where the petitioning or responding spouse resides.
Time Considerations
Recent Divorces:
- Newly finalized cases may not appear in online systems immediately following the final hearing
- Members of the public should allow several business days to several weeks for processing after the final order is entered
- The Circuit Clerk's office can confirm whether a specific case has been entered into the system
Older Divorces:
- Cases predating electronic filing may exist only in paper format
- Archived records may require additional retrieval time
- Some older records may not be digitized and must be retrieved from physical storage
What If You Cannot Find a Record
Common Issues:
- The divorce was filed in a different county
- Name variations between married and maiden names
- Spelling differences in party names
- The case remains pending and has not been finalized
- Very old records are stored in a separate archive
- The case has been sealed by court order
Next Steps:
- Contact the Circuit Clerk's office at (304) 329-0070
- Attempt alternate name spellings in the search system
- Search under both spouses' names
- Check the West Virginia Department of Health's certificate request portal for divorce verification
- Retain a licensed attorney or professional search service for complex cases
What Are Preston County Divorce Records?
Preston County divorce records are official court documents generated during and after divorce proceedings filed in the Preston County Circuit Court. These records constitute part of the family law case file maintained by the Circuit Clerk and are subject to the public records provisions of West Virginia law.
Types of Divorce Records:
Court Case Files:
- Petition for divorce or dissolution of marriage
- Response or answer filed by the respondent
- Financial affidavits submitted by both parties
- Parenting plans and custody agreements
- Marital settlement agreements
- Motions, responses, and court orders
- Transcripts of court hearings
- Final judgment of divorce or dissolution
Final Decree:
The final decree of divorce is the official court order that legally dissolves the marriage. It serves as the primary legal proof of divorce and establishes:
- The date the marriage was legally dissolved
- Division of marital property and debts
- Alimony or spousal support terms, if any
- Child custody and visitation arrangements, if applicable
- Child support obligations, if applicable
- Any court-ordered name restoration
Certified copies of the final decree are available through the Circuit Clerk's office upon payment of applicable fees.
Supporting Documents:
- Original marriage certificate submitted as an exhibit
- Financial disclosure statements and supporting documentation
- Real and personal property inventories
- Post-judgment modification orders
- Qualified Domestic Relations Orders (QDROs) for retirement account division
Purpose of Divorce Records:
Legal Purposes:
- Establishing proof of marital status for remarriage
- Documenting name changes with government agencies
- Supporting immigration proceedings and visa applications
- Verifying eligibility for Social Security survivor or spousal benefits
- Facilitating property transfers and estate planning
- Providing documentation in subsequent legal proceedings
Personal Purposes:
- Genealogical and family history research
- Personal record-keeping and verification
- Confirming the terms of prior court orders
Who Maintains Divorce Records:
The Circuit Clerk of Preston County serves as the primary custodian of all divorce case files. The Clerk's office indexes records by the names of both parties, assigns case numbers, and provides certified copies upon request. The West Virginia Department of Health's Health Statistics Center maintains a separate registry of divorces reported to the state, though this registry contains limited information compared to the full court file.
Legal Framework:
Divorce proceedings in West Virginia are governed by West Virginia Code § 48-5-101 et seq., which establishes the grounds for divorce, residency requirements, and procedural requirements for dissolution of marriage. Public access to court records is governed by the West Virginia Rules of Practice and Procedure for Family Court and the state's open records framework. Certain categories of information within divorce files are subject to privacy protections under both state and federal law, including HIPAA protections for medical records and state statutes protecting the identities of minor children.
Are Preston County Divorce Records Public?
Divorce records filed in Preston County Circuit Court are public court records under West Virginia law, subject to specific restrictions protecting sensitive personal and financial information. Members of the public may access basic case information, docket entries, and most court orders without demonstrating a particular need or interest.
What Is Public:
- Case number and original filing date
- Full names of both parties to the divorce
- Names of attorneys of record
- Scheduled and completed court hearing dates
- Court orders and judgments, including the final decree
- Property division orders
- General case status and disposition
- Docket entries reflecting the chronological history of the case
What May Be Restricted:
Financial Information:
- Social Security numbers are redacted from all publicly accessible documents pursuant to court rules
- Bank account and credit card numbers are redacted
- Detailed financial statements may be subject to limited access upon court order
- Tax returns submitted as exhibits may be sealed or restricted
Children's Information:
- Names and addresses of minor children may be redacted in publicly accessible versions
- Schools attended by minor children
- Medical and psychological information concerning children
- Child custody evaluations and guardian ad litem reports may be sealed by court order
Sensitive Personal Information:
- Domestic violence allegations, protective order information, and related evidence
- Mental health and substance abuse treatment records
- Personal addresses of parties in cases involving domestic violence
- Medical records submitted as exhibits
Sealed Records:
A court may seal all or part of a divorce case file upon a showing of good cause. Sealed records are not accessible to the general public. Cases involving allegations of abuse, high-profile parties, or confidential settlement terms may be subject to sealing orders. As the West Virginia Judiciary notes, "Users are instructed to call or visit the magistrate court clerk in the county where a case is filed to obtain copies of specific court records," reflecting the importance of direct contact with the Clerk's office to confirm the accessibility of a particular file.
Who Can Access Records:
General Public:
- May access most case information and public documents
- May view docket summaries and filed orders
- Must present valid identification at the Clerk's office
- Must pay applicable copying fees
Parties to the Case:
- Entitled to full access to their own case file
- May obtain all documents, including those with restricted information
- No additional showing required for access to one's own records
Attorneys:
- Attorneys of record have full access to the case file
- May petition the court for access to sealed documents upon a proper showing
- Subject to professional responsibility obligations regarding confidential information
Researchers and Media:
- May access the public portions of divorce case files
- Must obtain court permission to access sealed records
- First Amendment protections apply to news reporting on matters of public concern
Restrictions on Use:
Members of the public who obtain divorce records may not use that information for stalking, harassment, identity theft, or any purpose that violates a court-issued protective order. Permitted uses include legal proceedings, background verification, genealogical research, news reporting, and academic research.
Obtaining Confidential Records:
A party seeking access to sealed or restricted divorce records must file a motion with the Preston County Circuit Court demonstrating a legitimate legal need. The court evaluates such requests on a case-by-case basis, applying a balancing test between the public interest in transparency and the privacy interests of the parties. Certain government entities — including child protective services, law enforcement agencies, and court-appointed evaluators — may be entitled to access restricted records by statute without filing a separate motion.
How Much Does It Cost to Get Divorce Records in Preston County?
The Preston County Circuit Clerk's office charges standard fees for copies and certified copies of divorce records. Under West Virginia Code § 59-1-10, the Clerk is authorized to collect fees for copies of court records and certifications.
Current Fee Structure:
| Service | Fee |
|---|---|
| Standard copy (per page) | $0.50 per page |
| Certified copy of final decree | $5.00 per document (plus per-page copy fee) |
| Certification fee | $1.00 per certification seal |
| Search fee (when applicable) | Varies; contact Clerk's office |
| Electronic copies (if available) | Contact Clerk's office for current rates |
- Inspection of public records at the courthouse is available at no charge during regular business hours.
- Members of the public who wish to view records without obtaining copies are not assessed a fee for inspection.
- Accepted payment methods at the Preston County Circuit Clerk's office include cash, money order, and checks made payable to the Preston County Circuit Clerk. Members of the public should confirm current accepted payment methods directly with the Clerk's office prior to submitting a mail request.
- Fee waiver provisions may apply in limited circumstances for indigent parties who are themselves parties to the case. Requests for fee waivers must be submitted to the court with supporting documentation.
- Fees for mail requests should be submitted in the form of a money order or certified check. Personal checks may be accepted at the discretion of the Clerk's office.
The West Virginia Judiciary's divorce forms page provides access to standardized court forms used in divorce proceedings, many of which are available at no charge for download and completion.
What's Included in Divorce Records in Preston County
A complete divorce case file maintained by the Preston County Circuit Clerk contains all documents filed by the parties, issued by the court, and entered into the record throughout the proceedings. The scope of the file varies depending on whether the divorce was uncontested or contested, and whether children or significant marital assets were involved.
Basic Case Information:
Case Caption:
- Assigned case number
- Name of the court and judicial circuit
- Full legal names of the petitioner and respondent
- Name of the assigned circuit judge and family court judge
- Names and bar numbers of attorneys of record
Filing Information:
- Date the petition was filed
- Filing fees paid and receipts
- Case type designation (divorce/dissolution of marriage)
- Basis for the court's jurisdiction
Initial Pleadings:
Petition for Divorce:
- Petitioner's identifying information
- Respondent's identifying information
- Date and location of the marriage
- Date of separation, if applicable
- Grounds for divorce — West Virginia recognizes both fault-based and no-fault grounds, with irreconcilable differences being the most common basis under current law
- Information regarding minor children, including names and dates of birth
- Claims regarding marital property and debts
- Requests for spousal support, child custody, and child support
Response/Answer:
- Respondent's admissions or denials of the petition's allegations
- Counterpetition, if filed
- Respondent's independent requests for relief
Financial Affidavits:
- Both parties are required to submit financial affidavits disclosing income from all sources, monthly expenses, assets (real property, vehicles, bank accounts, retirement accounts, investments, and personal property), and liabilities (mortgages, loans, and credit card debt)
Discovery Documents:
When the divorce is contested, the case file may include interrogatories and answers, requests for production of documents, deposition notices and transcripts, and subpoenas issued to third parties. Financial disclosure documents — including tax returns, pay stubs, bank statements, and retirement account statements — are submitted as exhibits and become part of the record.
Property-Related Documents:
The case file includes inventories of marital and separate property, appraisals of real property and business interests, valuations of retirement accounts, and expert reports on the value of contested assets. Debt inventories reflect all marital liabilities subject to division.
Children-Related Documents (if applicable):
When minor children are involved, the case file contains the parenting plan establishing legal and physical custody, the timesharing schedule for regular periods, holidays, and vacations, child support calculation worksheets, health insurance and childcare cost documentation, and the child support order. If the court ordered a custody evaluation, the evaluator's report is filed in the record, though it may be subject to restricted access. Guardian ad litem reports, if a guardian was appointed, are also part of the file.
Support Documents:
Alimony or spousal support orders specify the type, amount, duration, and payment schedule of support. West Virginia courts may award temporary, rehabilitative, or permanent spousal support depending on the circumstances of the marriage and the parties' financial situations.
Settlement Documents:
In uncontested or mediated divorces, the marital settlement agreement is a comprehensive document resolving all issues between the parties, including property division, debt allocation, spousal support, and child-related matters. The agreement is incorporated into the final decree and becomes a court order enforceable by contempt.
Court Orders and Judgments:
The final judgment of divorce is the definitive document in the case file. It contains the court's findings of fact, conclusions of law, and orders on all contested and uncontested issues. The final decree bears the judge's signature and the court's official seal. If retirement accounts are divided, a separate Qualified Domestic Relations Order (QDRO) is prepared and filed to instruct the plan administrator.
Post-Judgment Documents (if applicable):
After the final decree is entered, the case file may be supplemented with petitions to modify custody or support, motions for contempt, income deduction orders, and enforcement actions. These post-judgment filings are indexed as part of the original case file.
What's Typically Confidential or Sealed:
- Social Security numbers and financial account numbers (redacted as a matter of course)
- Residential addresses of children and domestic violence victims
- Mental health evaluations and substance abuse records
- Sealed custody evaluations and guardian ad litem reports
- Mediation communications, which are confidential under West Virginia law
- Settlement negotiations not reduced to a filed agreement
How to Get Proof of Divorce in Preston County?
Proof of divorce in Preston County is obtained through a certified copy of the final decree of divorce issued by the Preston County Circuit Clerk. A certified copy bears the Clerk's official seal and signature, confirming that it is a true and accurate reproduction of the original court record. This document is accepted by government agencies, financial institutions, and other entities as legal proof that a marriage was dissolved.
Steps to Obtain a Certified Copy:
- Identify the case number and filing date, if known, by searching the West Virginia Judiciary's online case system or contacting the Circuit Clerk's office at (304) 329-0070.
- Submit a written request to the Preston County Circuit Clerk's office, either in person, by mail, or as directed by the Clerk's current procedures.
- Provide the full legal names of both parties, the approximate year of the divorce, and the case number if available.
- Pay the applicable certification and copy fees at the time of the request.
- Receive the certified copy in person or by mail, depending on the method of request.
Preston County Circuit Clerk's Office
101 W. Main Street
Kingwood, WV 26537
Phone: (304) 329-0070
Preston County, WV Official Website
Members of the public who require verification of a divorce but do not need the full case file may also contact the West Virginia Department of Health's Health Statistics Center to request a divorce verification letter. The HSC maintains a registry of divorces reported to the state and can confirm whether a divorce was recorded for a specific individual during a given period, though this verification does not substitute for a certified copy of the court's final decree for most legal purposes.
For individuals who were parties to the divorce and need to update identification documents, Social Security records, or passport information, the certified copy of the final decree — along with any name restoration order contained within it — serves as the required documentation.
Can a Divorce Be Confidential in Preston County?
Divorce proceedings in Preston County are presumptively public, but West Virginia law and court rules permit certain records or entire case files to be sealed under defined circumstances.
Records that may be confidential or restricted include:
- Domestic violence cases: When a party to a divorce has obtained a protective order or when the case involves allegations of domestic violence, the court may restrict access to addresses, contact information, and related evidence to protect the safety of the victim.
- Children's information: The names, addresses, schools, and medical information of minor children may be redacted from publicly accessible documents or sealed by court order to protect the children's privacy and safety.
- Mental health and medical records: Records pertaining to a party's mental health treatment, substance abuse history, or medical conditions submitted as exhibits may be sealed upon motion.
- Custody evaluations and guardian ad litem reports: These documents, which contain sensitive information about children and family dynamics, may be restricted to the parties, their attorneys, and the court.
- Mediation communications: Under West Virginia law, communications made during court-ordered mediation are confidential and are not part of the public record.
- Court-ordered sealing: A party may petition the court to seal all or part of the case file upon a showing of good cause. The court balances the public interest in open records against the privacy interests at stake.
Members of the public seeking access to a case that appears to be sealed or restricted should contact the Preston County Circuit Clerk's office directly. The West Virginia Judiciary's court information page for Preston County provides current contact information and jurisdictional details for the circuit and family courts.
How Long Does Preston County Keep Divorce Records?
Preston County Circuit Court divorce records are retained for extended periods consistent with West Virginia's records retention schedules for permanent court records.
Retention periods for divorce records in Preston County:
- Final decrees and judgments: Divorce decrees are considered permanent court records and are retained indefinitely. These documents are not subject to routine destruction and remain accessible through the Circuit Clerk's office.
- Complete case files: Full divorce case files, including all pleadings, orders, and exhibits, are retained for a minimum period established by the West Virginia Supreme Court of Appeals' records management policies. Active and recently closed cases are maintained in the Clerk's office; older cases may be transferred to archival storage.
- Archived records: Cases predating electronic filing systems may exist only in paper format and may require additional retrieval time. Members of the public seeking records from archived files should contact the Circuit Clerk's office to confirm availability and estimated retrieval time.
- Electronic records: Cases filed electronically are maintained in the West Virginia Judiciary's case management system and remain accessible through the court's online portal.
- Post-judgment modification records: Modification orders and post-judgment filings are retained as part of the original case file and are subject to the same retention schedule as the underlying divorce record.
West Virginia's records retention requirements for circuit court records are established by the West Virginia Supreme Court of Appeals under its administrative authority over the state court system. Members of the public with questions about the retention status of a specific case may contact the Preston County Circuit Clerk's office directly.