Hampshire County Divorce Records
How To Find a Divorce Record In Hampshire County in 2026
HampshireRecords.org provides access to publicly available information related to divorce records in Hampshire County, West Virginia. Members of the public may find case filings, final decrees, docket entries, and related court documents through official channels. Available record categories may include dissolution petitions, settlement agreements, custody orders, and support determinations. Access and completeness of records vary depending on the case, filing date, and applicable privacy protections.
Records may be searched through official resources, clerk offices, public access terminals, and online tools. The primary custodian of divorce records in Hampshire County is the Circuit Court Clerk, which maintains complete case files for all family law proceedings filed within the county. The West Virginia Judiciary provides centralized access to court information, case search tools, and county-specific resources statewide.
Online Searches
1. Clerk of Court Case Search
- The West Virginia Judiciary offers an online case search portal through the West Virginia Judiciary: Home website
- Members of the public may search by party name or case number
- Basic case information is available at no charge
- Copies of documents may require payment of applicable fees
2. Hampshire County Court Information
- The Hampshire County Information – West Virginia Judiciary page provides county-specific court details, including circuit court contact information and judge assignments
- Hampshire County is part of the Twenty-Sixth Judicial Circuit
- This resource is the recommended starting point for locating Hampshire County divorce case information
3. State Vital Records
- The Vital Registration – West Virginia Department of Health maintains the state's official repository of divorce records as vital records
- As stated by the West Virginia Department of Health, "The Vital Registration Office is the state's official repository of birth, death, marriage, and divorce records. These records are collectively referred to as vital records."
- Divorce certificates may be obtained through this office; fees apply
- Vital records provide limited information compared to full court case files
In-Person Searches
Clerk of Court – Hampshire County Circuit Court:
Hampshire County Circuit Court Clerk
19 E. Main Street
Romney, WV 26757
Phone: (304) 822-5112
Hampshire County Information – West Virginia Judiciary
- 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
- Staff assistance for locating records
By Mail
Written Request:
- Mail requests to: Hampshire County Circuit Court Clerk, 19 E. Main Street, Romney, WV 26757
- Include the following with each request:
- Full legal names of both parties
- Approximate date of divorce or filing
- Case number, if known
- Requester's full name and contact information
- Purpose of request, if required
- Payment for applicable copy fees
- Self-addressed stamped envelope for return correspondence
- Processing time: Requests are typically processed within one to two weeks, depending on volume and record age
By Phone
Limited Information Available:
- Hampshire County Circuit Court Clerk: (304) 822-5112
- Staff may confirm:
- Whether a case exists in the system
- Case number and filing date
- Current case status
- Staff cannot provide:
- Detailed document contents by phone
- Copies of filed documents
- Confidential or restricted information
Through Attorneys
Members of the public involved in complex matters may retain legal counsel to access divorce records on their behalf. An attorney may request sealed documents upon demonstrating good cause to the court. The West Virginia State Bar provides a lawyer referral service for individuals seeking professional legal assistance.
Information Needed for Search
Essential Information:
- Full legal names of both spouses, including maiden names where applicable
- Approximate date of divorce or date of filing
- Case number, if previously obtained
Helpful Information:
- Date and location of marriage
- Prior addresses of either party within Hampshire County
- 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. Under West Virginia Code § 48-5-105, one spouse must have been a resident of West Virginia for at least one year immediately preceding the filing of the divorce action. The divorce is filed in the county of that spouse's residence.
Time Considerations
- Recent divorces: Newly finalized cases may not appear in online systems immediately; members of the public should allow several days to weeks for processing after the final hearing
- Older divorces: Cases predating electronic filing may be archived in paper format and may require additional retrieval time; not all older records have been digitized
What If You Cannot Find a Record
Common reasons a record may not be located include:
- 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 stored in off-site archives
- The case has been sealed by court order
Members of the public encountering these issues may contact the Hampshire County Circuit Court Clerk at (304) 822-5112, attempt alternate name spellings, search under both spouses' names, or request a search through the West Virginia Department of Health Vital Registration office.
What Are Hampshire County Divorce Records?
Hampshire County divorce records are official court documents generated during and after divorce proceedings filed in the Hampshire County Circuit Court. These records constitute part of the family law case file maintained by the Circuit Court Clerk and are subject to West Virginia's public records framework.
Types of Divorce Records:
Court Case Files
The complete case file for a divorce proceeding may include:
- Petition for 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 issued during the proceeding
- Transcripts of court hearings
- Final judgment of dissolution of marriage
Final Decree
The final decree of divorce is the official court order that legally dissolves the marriage. It is the document most frequently requested for legal and personal purposes. The final decree establishes:
- The date the marriage was legally dissolved
- Division of marital property and debts
- Alimony or spousal support obligations, if any
- Child custody and timesharing arrangements, if applicable
- Child support orders, if applicable
- Restoration of a former name, if requested
Certified copies of the final decree are available through the Hampshire County Circuit Court Clerk.
Supporting Documents
Supporting documents filed in a divorce case may include financial disclosure statements, property inventories, appraisals, parenting plan details, and post-judgment modification orders.
Purpose of Divorce Records:
Divorce records serve a range of legal and personal purposes, including:
- Providing proof of marital status for remarriage
- Supporting name change documentation
- Facilitating property transfers and estate planning
- Documenting eligibility for Social Security or pension benefits
- Supporting immigration proceedings
- Enabling genealogical and family history research
Who Maintains Divorce Records:
The Hampshire County Circuit Court Clerk is the primary custodian of divorce case files. The West Virginia County Clerk Directory maintained by the WV Secretary of State identifies Eric W. Strite as the Hampshire County Clerk, located at 19 E. Main Street, Romney, WV. At the state level, the Vital Registration Office within the West Virginia Department of Health maintains divorce certificates as part of the state's vital records system.
Legal Framework:
Divorce proceedings in West Virginia are governed by West Virginia Code § 48-5-101 et seq., which establishes the grounds, procedures, and requirements for dissolution of marriage. The state's public records law, codified at West Virginia Code § 29B-1-1 et seq. (the West Virginia Freedom of Information Act), governs public access to government records, including court documents.
Are Hampshire County Divorce Records Public?
Divorce records filed in Hampshire County Circuit Court are public court records under West Virginia law. Members of the public may access basic case information, docket entries, and most filed documents. However, certain categories of information within divorce case files are subject to restriction or redaction to protect sensitive personal and financial data.
What Is Public:
- Case number and filing date
- Names of the parties (petitioner and respondent)
- Names of attorneys of record
- Court hearing dates and scheduled proceedings
- Court orders and judgments, including the final decree
- Property division orders
- General case status and docket entries
What May Be Restricted:
Financial Information:
- Social Security numbers are redacted from all publicly accessible documents
- Bank account and credit card numbers are redacted
- Detailed tax returns may be subject to limited access
- Certain financial statements may be filed under seal upon court order
Children's Information:
- Names and addresses of minor children may be redacted or restricted
- Schools attended by children are not disclosed in public records
- Medical and psychological evaluations of children may be sealed
- Guardian ad litem reports are subject to restricted access
- Child custody evaluations ordered by the court may be sealed
Sensitive Personal Information:
- Domestic violence allegations and supporting evidence may be sealed
- Mental health and substance abuse records are restricted
- Personal addresses of domestic violence victims are protected
- Medical records incorporated into case files are subject to HIPAA protections
Sealed Records:
A court may seal all or part of a divorce case file upon a showing of good cause. Cases involving allegations of abuse, high-profile parties, or confidential settlement terms may be subject to sealing orders. Mediation communications are confidential under West Virginia law and are not part of the public record.
Who Can Access Records:
- General public: May access most case information, view docket summaries, and obtain copies of public documents upon payment of applicable fees; photo identification may be required
- Parties to the case: Have full access to their own case file, including documents not available to the general public
- Attorneys of record: Have professional access to case files and may petition the court for access to sealed materials upon demonstrating good cause
- Researchers and media: May access public portions of case files; access to sealed records requires a court order; First Amendment protections apply to news reporting
Prohibited Uses of Divorce Records:
Members of the public who obtain divorce records may not use them for stalking, harassment, identity theft, fraudulent purposes, or in violation of any protective order issued by the court.
How Much Does It Cost to Get Divorce Records in Hampshire County?
The Hampshire County Circuit Court Clerk charges standard fees for copies and certified documents in accordance with West Virginia law. Current fees applicable to divorce record requests are as follows:
| Service | Standard Fee |
|---|---|
| Plain copy (per page) | $0.50 per page |
| Certified copy of final decree | $5.00 per document |
| Certification fee | $1.00 per certification |
| Search fee (clerk-conducted) | Varies; contact clerk |
- Inspection: Members of the public may inspect public court records at no charge during regular business hours at the Hampshire County Circuit Court Clerk's office
- Copies: Plain copies are available at $0.50 per page; fees are subject to change and members of the public should confirm current rates with the clerk's office at (304) 822-5112
- Certified copies: Certified copies of the final decree of divorce, suitable for legal purposes, are available for a standard certification fee
- Electronic records: Where electronic copies are available, fees may differ from paper copy rates; members of the public should inquire directly with the clerk
- Payment methods: The clerk's office accepts cash, money orders, and checks made payable to the Hampshire County Circuit Court Clerk; members of the public should confirm accepted payment methods prior to submitting mail requests
- Fee waivers: West Virginia law does not provide a general fee waiver for public records requests; parties who are indigent and involved in active proceedings may petition the court for waiver of certain fees under applicable court rules
- Vital records fees: The West Virginia Department of Health charges a separate fee for divorce certificates obtained through the Vital Registration Office; the current fee is $12.00 for the first copy and $12.00 for each additional copy ordered at the same time
What's Included in Divorce Records in Hampshire County
A complete divorce case file maintained by the Hampshire County Circuit Court Clerk contains a comprehensive set of documents generated throughout the dissolution proceeding. The contents vary depending on whether the divorce was contested or uncontested, whether children were involved, and the complexity of the marital estate.
Basic Case Information:
The case caption identifies the case number, the name of the court and division, the names of the petitioner and respondent, the judge assigned to the matter, and the attorneys of record. Filing information includes the date the petition was filed, the filing fees paid, the case type, and the jurisdictional basis for the proceeding.
Initial Pleadings:
The petition for dissolution of marriage sets forth the petitioner's identifying information, the respondent's identifying information, the date and location of the marriage, the date of separation if applicable, the grounds for divorce, information regarding minor children, property claims, and the relief requested. Under West Virginia law, the primary ground for divorce is irreconcilable differences, as provided under West Virginia Code § 48-5-202. The respondent's answer or response sets forth admissions, denials, and any counterpetition for relief.
Financial Affidavits:
Both parties are required to submit financial affidavits disclosing income from all sources, monthly expenses, assets including real property, vehicles, bank accounts, investments, and personal property, and liabilities including mortgages, loans, and credit card debt.
Discovery Documents:
Discovery materials filed with the court may include interrogatories and answers under oath, requests for production of documents, tax returns, pay stubs, bank and investment account statements, retirement account statements, and business financial statements where applicable.
Property-Related Documents:
The marital asset inventory identifies and values all marital property subject to equitable distribution. The debt inventory identifies all marital liabilities. Appraisals and expert valuations of real property, business interests, and personal property may be filed as exhibits.
Children-Related Documents:
Where minor children are involved, the case file includes a parenting plan establishing legal and physical custody, a timesharing schedule covering regular, holiday, summer, and vacation periods, and a child support calculation worksheet. Custody evaluations ordered by the court and guardian ad litem reports, where appointed, are part of the case file, though these documents may be subject to restricted access.
Support Documents:
Alimony or spousal support provisions, where applicable, specify the type, amount, duration, and conditions for modification or termination of support. Calculation worksheets documenting the parties' incomes, standard of living during the marriage, and the need and ability to pay are included in the file.
Settlement Documents:
A marital settlement agreement, where the parties reach a negotiated resolution, comprehensively addresses property division, debt allocation, spousal support, and child-related provisions. Mediation agreements, where mediation was utilized, may be incorporated into the settlement agreement; however, mediation communications themselves are confidential and are not part of the public record.
Court Orders and Judgments:
Temporary orders issued during the pendency of the proceeding may address temporary custody, support, use of marital property, and restraining orders. The final judgment of dissolution is the court's definitive order ending the marriage, containing findings of fact, conclusions of law, and all provisions governing property, support, and custody. Where retirement accounts are divided, a Qualified Domestic Relations Order (QDRO) is issued as a separate order directing the plan administrator.
Post-Judgment Documents:
Post-judgment filings may include petitions to modify custody or support, motions for contempt, income deduction orders, and enforcement actions. These documents are part of the ongoing case file and are accessible under the same public records standards as the original proceeding.
What Is Typically Confidential or Sealed:
- Social Security numbers and financial account numbers (redacted as a matter of course)
- Children's residential addresses and school information
- Domestic violence allegations and supporting evidence (may be sealed)
- Mental health and substance abuse evaluations
- Trade secrets incorporated into business valuations
- Settlement negotiations not reduced to a filed agreement
- All mediation communications
How to Get Proof of Divorce in Hampshire County
Proof of divorce in Hampshire County is obtained through either the Circuit Court Clerk or the West Virginia Department of Health Vital Registration Office, depending on the level of detail required.
Certified Copy of Final Decree (Circuit Court):
A certified copy of the final decree of divorce is the most comprehensive and legally recognized proof of divorce. Members of the public may obtain a certified copy by:
- Visiting the Hampshire County Circuit Court Clerk in person at 19 E. Main Street, Romney, WV 26757, during regular business hours (Monday through Friday, 8:30 a.m. to 4:30 p.m.)
- Submitting a written mail request to the same address, including the names of both parties, the approximate date of divorce, the case number if known, and payment of applicable fees
- Contacting the clerk by phone at (304) 822-5112 to confirm availability and current fee requirements prior to submitting a request
Divorce Certificate (State Vital Records):
A divorce certificate issued by the state is a summary document confirming that a divorce was recorded. It is available through the West Virginia Department of Health Vital Registration Office. This document is appropriate for purposes such as confirming marital status but does not contain the full terms of the divorce decree.
West Virginia Department of Health – Vital Registration Office
350 Capitol Street, Room 165
Charleston, WV 25301
Phone: (304) 558-2931
Vital Registration – West Virginia Department of Health
Members of the public requesting a divorce certificate must provide the full names of both parties, the county where the divorce was filed, and the approximate year of the divorce. Fees apply and payment must accompany the request.
Can a Divorce Be Confidential in Hampshire County?
Divorce proceedings in Hampshire County are presumptively public under West Virginia law; however, specific portions of a case file or, in limited circumstances, an entire case may be made confidential by court order.
- Sealed by court order: A party may file a motion requesting that the court seal all or part of the case file. The court applies a balancing test weighing the public's interest in transparency against the privacy interests of the parties and any minor children involved.
- Domestic violence cases: Where a party has obtained a protective order or where domestic violence allegations are central to the proceeding, the court may restrict access to addresses, contact information, and related evidence to protect the safety of the victim.
- Children's information: Information identifying the residence, school, or medical condition of minor children is subject to restriction under West Virginia court rules and applicable child protection statutes.
- Financial account numbers and Social Security numbers: These are redacted from all publicly accessible documents as a matter of standard court practice.
- Mediation records: Communications made during court-ordered mediation are confidential and are not filed with the court or made part of the public record.
- Mental health and substance abuse records: These records, when incorporated into a divorce proceeding, are subject to state and federal privacy protections, including HIPAA.
The legal basis for sealing court records in West Virginia is addressed under the West Virginia Rules of Civil Procedure and the state's public records law at West Virginia Code § 29B-1-4, which identifies categories of information exempt from public disclosure.
How Long Does Hampshire County Keep Divorce Records?
Hampshire County Circuit Court divorce records are retained for extended periods in accordance with West Virginia court records retention schedules established by the Supreme Court of Appeals of West Virginia.
- Permanent retention: Final judgments of dissolution of marriage, final decrees, and orders affecting property rights are retained permanently as part of the official court record
- Complete case files: Full divorce case files, including all pleadings, motions, financial affidavits, and supporting documents, are retained for a minimum of ten years following the close of the case, with many records retained permanently
- Post-judgment modification files: Records of post-judgment proceedings, including custody and support modifications, are retained as part of the original case file for the same retention period
- Archived records: Older case files that have exceeded active retention periods may be transferred to off-site storage or converted to microfilm or digital format; retrieval of archived records may require additional processing time
- Vital records: Divorce certificates maintained by the West Virginia Department of Health Vital Registration Office are retained permanently as part of the state's official vital records system
- Electronic records: Cases filed electronically through the West Virginia e-filing system are maintained in the statewide court management system and are accessible through the West Virginia Judiciary portal
As stated by the West Virginia Judiciary, "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." The same principle applies to circuit court divorce records maintained at the county level.