Disclaimer:
OnlineDivorce is not a law firm and its services, website, forms or templates are
not a substitute for the advice or services of an attorney.
OnlineDivorce provides access to computer-aided self-help services at your specific direction.
OnlineDivorce's website and written instructions provide general information about the divorce process only;
we cannot give you any specific advice, opinions or recommendations as to your selection or completion
of forms or your particular legal rights, remedies or options.
OnlineDivorce.com
is a website that provides access to self-guided online questionnaires.
OnlineDivorce does not sell blank forms.
You may be able to download blank forms from a government website depending on your state.
Communications between you and OnlineDivorce are governed by our
Privacy Policy
but are not covered
by the attorney-client or work product privileges. Your access to OnlineDivorce's website is subject to and governed by our
Terms of Use.
Any purchase from OnlineDivorce is subject to and governed by our
Terms of Service.
Online Divorce in West Virginia
For those seeking an inexpensive divorce in the state of West Virginia, online divorce is an easy, affordable, and fast solution to prepare legal forms. Online divorce may be appropriate for couples who have an uncontested case.
The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy for you. We help organize all of the necessary divorce forms and provide detailed written instructions on filing your divorce in West Virginia.
Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and without stress.
Even though West Virginia has unique divorce forms and filing requirements, our online system provides the exact forms necessary along with instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.
If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out, and why should you spend money on lawyers? Online divorce is often cheaper, quicker, and easier.
Online divorce can be a perfect option if you want to save money or hope to have your divorce finalized quickly to get on with your life. Preparing documents for divorce online in West Virginia is fast becoming very popular because you can complete the documents in the comfort of your home.
Even if you think your case is too complex because you have children, own your own home, or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.
The process at OnlineDivorce.com is 100% secure. We protect your information, and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in West Virginia with the Onlinedivorce.com system can be a simple solution to a difficult situation.
Filing:
When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, after getting the other spouse’s signature, the divorce forms may be filed at the local court.
In West Virginia, you will typically file with the courthouse in the county where both spouses last cohabited or where the respondent resides. If the respondent does not live in West Virginia, but the petitioner does, divorce can be filed in the county where the petitioner resides.
The actual filing process is explained in our detailed court-filing instructions that we provide, along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.
After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make minor adjustments to your forms as requested by the court at no additional charge.
Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.
Residency:
Every state has specific requirements where divorcing couples must establish residency before filing for divorce. West Virginia is no exception.
To file for divorce in West Virginia, the filing spouse must have been a resident of the state for at least one year.
However, if the marriage was performed in the state, and at least one of the parties is currently living in West Virginia, this one-year waiting period does not apply, and the divorce can be filed at any time.
There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and current West Virginia driver’s license, ID card or voter’s registration card, tax records with West Virginia address, etc.
If this is not the case, it may be possible to establish residency by having someone who knows you or your spouse testify that you are a current resident of West Virginia or have lived there for one year. [West Virginia Code, Chapter 48, Section 48-5-105]
Commitment to customers
Our tools have helped over 500,000 people get quick and stress-free divorce while saving money in the process.
Save money
Cost effective solution designed to support you without lawyers fees.
Easy to follow online process
Our intelligent questionnaire gives you specific instruction for your situation.
Specific forms for filing location
Up-to-date forms and instructions for your specific court to ensure success.
We can file your forms with the court
We can handle court filings and serving your spouse.
Wraparound support
Additional support services to help you navigate divorce — help with kids, the house, financial matters and more.
Life after divorce
Expert-guided post-divorce support to help you happily move on with your life.
Access to independent attorneys for legal questions
We can connect you with licensed attorneys in your state to answer questions about your case.
Check if you qualify for an online divorce in West Virginia
Get your ready-to-file West Virginia divorce paperwork
Valid grounds to get divorce in West Virginia
Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of West Virginia. Grounds are merely the reason for divorce, and the state must approve them.
Irreconcilable differences, which can cover many reasons for divorce, and living separate and apart without cohabitation (and without interruption) for at least one year are the no-fault grounds for divorce in the State of West Virginia.
West Virginia’s fault-based reasons (or grounds) for divorce include adultery, alcoholism or substance abuse, incurable insanity, abuse or neglect of a child, the conviction of a felony, abandonment for six months, and cruel or inhuman treatment. [West Virginia Code, Chapter 48, Sections 48-5-201 to 48-5-209]
OnlineDivorce reviews
Wesley H., Missouri
I started my divorce on my own, spending loads of money on lawyer visits in the beginning.
So I decided to google for other ways and using this site was so much more simple!
James V., Texas
I had a very successful business at the time. So, making sure I had the right forms was
very very important during my divorce. I was so surprised at how easy and smooth this process was.
Chloe J., Florida
After years of a tumultuous marriage, I finally decided that I needed to reclaim my life.
I was looking for how to go about it and came across this site and they simplified and made
the process of divorce easy for me. I never thought it would’ve been possible.
Will S., Colorado
Stress-free and easy! I was initially gonna hire a lawyer but I found online divorce the
next best option. No muss, no fuss divorce. No big legal words that I’d have to have read
10 times to understand!
Marco P., California
California is expensive and divorce can be even more expensive in the end but I can say
that this site payed everything out for me to follow, from child support to alimony.
My ex agreed to go this way as well so it was a much less expensive option for us.
Tamara B., Nevada
Because of the whole dissolution of the marriage, I was struggling with two children and
just in limbo with my husband at the time because of child support and alimony. I was a
stay-at-home mom for 10 years. I just want to say that this site helped me sort it out.
Thank you.
Theresa S., New York
I live in upstate NY and unfortunately one day I found myself in a situation for divorce.
I was all out of whack, needed answers to take action. Enough was enough so I did it on this
site. Everything was clear to understand, all forms and what to put in which box.
Livy B., Illinois
Onlinedivorce.com is the bomb! I mean, using it was so easy to follow. So, if you find
yourself in this situation do your divorce here if possible. Documents for all stages,
alimony, child support and all!
Join thousands who already got completed divorce documents online in an affordable way
Custody of the child in West Virginia
The West Virginia Courts presume that the child’s principal and primary parent, as the physical caregiver, will generally be awarded custody in a contested case.
However, either parent may be awarded custody, and there is no bias based on the gender of either parent in West Virginia custody decisions.
If it is assumed to be in the child or children’s best interest, the court will usually approve a written agreement concerning child custody that the parents have reached.
The reality is that the court wants to create a comfortable custody situation for the children and both parents. In most cases, joint legal custody and some form of shared physical custody will fulfill this need.
However, if the family situation is not stable and the child may be harmed mentally, physically, or emotionally by a shared custody plan, the court will consider other arrangements. In these cases, visitation (supervised or otherwise) may be deemed a better option to keep the child in contact with the non-custodial parent.
In some cases, custody can be set up as a short-term solution to be revisited at a later date if the family or living situation is expected to change dramatically. [West Virginia Code, Chapter 48, Sections 48-9-102, 48-9-201, and 48-9-206]
Rules for child support in West Virginia
West Virginia has put specific state-mandated child support guidelines in place that apply in virtually every case, barring exceptional circumstances. With this, both parties’ gross incomes, the number of children, and certain child-related expenses are considered.
In most child support cases, payments continue until the child reaches eighteen years of age. However, they may extend until the child completes secondary education or reaches 20 years old, whichever comes first.
Some of the specific factors West Virginia courts consider when adjusting support guidelines may include:
The extraordinary medical, psychological, or dental expenses (either on a one-time basis or ongoing);
The child lives with the third party;
Families that have more than six children;
The financial obligations owed to other children;
The age of the child or children, with the expectation that older children will have more expenses than younger;
Special needs of the children or the family, especially when someone is disabled;
Terms put into writing or a shared parental arrangement;
Visitation costs for a parent who lives far away from the child;
Educational costs for secondary schools with tuition costs beyond tax contributions;
Whether the total amount of support reduces the paying party’s income to less than the poverty level;
Any other reasonable consideration to make the child support payments equitable; and
If the child support guidelines would require the supporting spouse to pay 55% or more of his or her personal income toward such a cost.
As a note, medical insurance for the child and life insurance that covers the life of the parent who pays support may be required by the West Virginia court. [West Virginia Code, Chapter 48, Sections 48-13-301, 48-13-702, 48-14-408]
Uncontested West Virginia divorce with children
Save more time for your children - complete your divorce papers online
Rules for spousal support in West Virginia
Alimony, also known as spousal support, is sometimes ordered by the court to help one spouse live in a manner established during the marriage after the divorce. The spouses can agree upon the financial assistance together before filing, or the court may award it in a contested case.
The court may award rehabilitative, temporary, or permanent spousal support to either of the spouses in either lump-sum payments or periodic payments. Many factors are considered in the awarding of spousal support, a few of which are:
Whether the spouse seeking alimony has custodial responsibilities that make it difficult to seek employment;
The time and expense that would be necessary to obtain education and training to enable for one of the spouses to find fulfilling jobs as well as that spouse’s potential earning capacity;
Duration of the marriage;
Financial resources of the spouses in comparison to each other, including their earning abilities in the labor market;
Amount of time the spouses lived together as a married couple;
Tax consequences that may exist for each spouse;
The current age of each of the spouses;
Physical, mental, and emotional states of the spouses;
What vocational skills and employability the spouse has who is seeking alimony;
Any custodial and child support responsibilities which may exist;
The educational level of each party;
Any cost for the education of minor children as well as of healthcare for the spouse and the children;
The distribution of marital property;
Any existing legal obligations of the spouses for supporting others;
The current employment and other income of each spouse;
Whether either spouse has foregone opportunities during the marriage in support of the other spouse;
The standard of living established during the marriage;
Additional financial and further contribution to aid the training or education, career, or earning capacity of the other spouse;
The financial needs of each spouse; and
Other factors the county court sees as just and equitable.
In West Virginia, marital misconduct of the spouses is sometimes considered and compared to put together a support package.
Additionally, the court may require that health and hospitalization insurance coverage be provided to the supported spouse as part of the alimony. [West Virginia Code; Sections 48-6-301 and 48-8-104 and West Virginia Case Law]
Property division in West Virginia
When a couple chooses to divorce in West Virginia, they must distribute property in a fair and agreeable manner. West Virginia is considered to be an “equitable distribution” state. Each spouse may retain their separate property.
Separate property includes property which was either:
Acquired before marriage;
Received from a gift or inheritance during the marriage;
An increase in the value of any of this separate property; and
Property that was acquired in exchange for any property that may be deemed separate.
Marital property, which is all property obtained during the marriage, will be divided equally. This is done without consideration of marital misconduct. However, an equal division can be altered due to any or all of these factors:
Each spouse’s contribution to acquiring, preserving, maintaining, or increasing the value of the marital property, including contributions spouses may make as a homemaker and in childcare;
The cost and perceived value of a spouse’s separate property;
Conduct of the spouses as it relates to the disposition and sharing of their property;
The value of the labor given in a family business as well as maintenance or improvement of marital property;
The contribution that one spouse makes towards helping the other achieve education or training that may increase the income-earning ability of that other spouse;
One spouse’s foregone income earned at the encouragement or insistence of the other spouse; and
Other legal factors, necessary for an equitable split of the property between the spouses.
The court may, if necessary, award a share of one spouse’s separate property to the other spouse. [West Virginia Code; Sections 48-5-604 to 48-5-612 and 48-7-101 to 48-7-110]
Why us?
Contested Divorce
Hourly Billing - Driving the Average Cost of Divorce to $15,000+
Contested divorces can be lengthy and costly due to spouses being unable to agree on one or more key issues, including child custody, property division, or spousal support.
Offline and inconvenient process in which both parties often hire attorneys to represent their interests.
The adversarial nature of a contested divorce can lead to heightened emotional stress and strain for both spouses and their families.
Absent a settlement, the final divorce judgment and terms are determined by the court, which may not fully align with the preferences of either spouse.
The premier uncontested divorce tool
Fast, affordable, and simple process using our fully-guided divorce questionnaire and filing service.
Online process to be completed at your own pace, can get documents as quickly as same day.
Receive ready-to-file forms specific to your jurisdiction and situation.
Easy online access for both spouses, free revisions for 30 days, and the ability to save your data longer term. Experienced customer support via chat and phone.
Ancillary services to ensure optimal outcomes, including name changes, co-parenting support, and getting started with your life after divorce.
Detailed instructions on how to file with the court or the option to purchase our filing service.
Mediation support in West Virginia
The West Virginia court may refer the divorcing spouses to attend mediation in any proceeding in which child custody, parental responsibility, primary home, visitation, or child support are contested.
Divorce mediation can also be used by any couple who wishes to resolve disagreements in a controlled and peaceful setting, allowing the divorce to become uncontested.
For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. It can be the simplest way to assure a fast, easy and affordable online divorce.
Divorce forms in West Virginia
West Virginia forms produced by OnlineDivorce.com are court-approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties that may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can streamline the process of preparing divorce documents and help both parties move forward with their lives.
Divorce in West Virginia online
Get your completed divorce forms and save thousands in legal fees
Filing fees for divorce in West Virginia
When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.
How long will it take?
Using the OnlineDivorce.com service usually takes between 30 minutes and two hours or more, depending on the complexity of your case. Start by filling out the questionnaire. You can do it in one sitting or save your progress and complete it at a later date. Whatever is most convenient for you.
Once you’ve received the completed documents, you will need to file them and get your spouse’s signature. More information regarding the finalization of the divorce case is provided once the paperwork has been completed and submitted to the court.
Here is how OnlineDivorce.com makes completing divorce papers easier:
We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
Sample Documents by State
Please note that your final forms, documents and
filings may be different depending on your state.
Coming soon! If you want to have a look at sample forms for your state and
you cannot find them here, please just give us a call or send us an email.
At OnlineDivorce, we care about our customers and stand by the quality of our services -
so we’ll refund our fees, other than the activation fee, within the first 30 days of purchase
if you're unhappy with our services. Call or email us and we'll process your refund.
What it doesn't cover:
We provide significant services beyond the generation of your forms. Answers to common questions,
filing instructions, and customer care provided during the process of using our site are just some
of the valuable services we provide. For this reason, we unfortunately cannot grant a refund in
cases where a customer has accessed our post-purchase services, including our post-purchase
questionnaires, forms, instructions, and customer care center, unless there’s a flaw in our
underlying documents. If you have not accessed our post-purchase services, however, you can
request a refund within 30 days of purchase.
In addition, we cannot guarantee that a customer's spouse will sign the documents and cannot provide
a refund where the spouse refuses. We cannot provide refunds for fees we collect on behalf of others
that we cannot get back. For example, if you purchase the electronic filing of your documents, complete
the documents, and we pay to file with a court, the court will not refund those fees to us and we cannot
refund them to you. Similarly, if you purchase a package with prepaid shipping labels, we cannot obtain
a refund for those labels. Finally, fees paid directly to lawyers or for mediation services are not covered
by this guarantee.
