Divorce papers in West Virginia — filing for divorce in WV

Online divorce in West Virginia

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How to get divorce in West Virginia

Online Divorce provides qualitative and approved by West Virginia courts divorce papers. The information below may help to understand more about the divorce in West Virginia. onlinedivorce.com provides quick and inexpensive services of online divorce in West Virginia.
The key conditions to get a divorce in West Virginia are
:

1

The legislation of West Virginia must recognize the existence of the marriage.

2

The state's requirements for residing must be met before filing a lawsuit.

3

Like most states, the divorce in West Virginia can be fault and no-fault.

4

" If there are disputes between the spouses about the property or child custody and so on the may be solved by the parties independently, without the court trials. This type of divorce is called an uncontested divorce, which typically takes less time and money. If the spouses participate in the trials the judge is to decide all the important terms of the case, and such a case is called a contested divorce. "

5

The appropriate divorce forms must be filled out and submitted to the court.

6

"Ready divorce forms must be filed in court. The copies should be send to the non-filing spouse. The minimum waiting period for starting a hearing is 20 days in West Virginia. It may also vary, it can be longer depending on circumstances but not shorter.

Residency:

If a marriage was contracted in West Virginia, one or both spouses must be bona fide residents of the state at the time of the divorce, no matter how long they lived in West Virginia.

If the marriage was made outside the state but the spouses want to get a divorce in West Virginia, one of the spouses was a bona fide resident of the state, at the time action has happened that resulted in the desire to dissolve the marriage, while the spouse continued to be a resident of West Virginia at least 1 year before filing a lawsuit. If the spouses want to get a divorce on the basis of adultery, one of the spouses must be a bona fide resident of West Virginia before the divorce proceedings begin. If the Respondent (the spouse who does not file the claim) is a resident of another state, then the Petitioner (the spouse who files the claim) must be a bona fide resident of the state for at least 1 year prior to the commencement of the divorce proceedings.

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Valid grounds to get divorce in West Virginia

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Like most states, a divorce in West Virginia can be either fault or no-fault.

The fault grounds include:

#1

Adultery;

#2

Willful abandonment or desertion for six months;

#3

If after the marriage, one of the spouses was charged with a crime and he or she received for this a condemnation;

#4

If the spouse is addicted to alcohol or drugs and is addicted;

#5

If one of the spouses has more than 3 years of madness with no hope of recovery the court will hear independent medical experts;

#6

Violence or cruel treatment by one of the spouses in relation to the second spouse, including reasonable fears of the second spouse in bodily harm, false accusations of adultery, homosexuality, as well as actions by the first spouse, aimed at causing bodily or mental trauma;

#7

Neglect of a child or partner, which entails a mental or physical trauma or failure to fulfill his or her obligations for the maintenance of the child, the provision of education or medical care in accordance with the requirements of the law;

If the grounds for the divorce is one of the above reasons, they must be proven before the court. 

For applying under the no-fault grounds for divorce the testimony is enough:

#1

Spouses faced with irreconcilable differences;

#2

Spouses voluntarily resided separately from each other without cohabiting for at least 1 year;

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Custody of the child in West Virginia

Custody of the child

The main task of the court when deciding on custody is to ensure the best interests of the child. Thus, the state rules establish that the best interests of the child are achieved if he or she has permanent and private contacts with that parent who demonstrated the desire and the ability to proceed with what is really necessary for the child.

At the same time, both parents must file a parenting plan for the upbringing of the child in court. This document can be filed with the court together with the West Virginia divorce papers. The parenting plan can be both expanded and more concise, but its main provisions should describe the vision of each parent regarding the education of the child, the schedule of school attendance or additional courses, the time schedule that each parent is going to spend with the child, the distribution of responsibilities for childcare, all the issues that are concerning the upbringing of the child, with which parents agree or disagree.

Rules for child support in West Virginia

Regardless of the type of divorce, after the divorce in West Virginia, the spouses are obliged to provide financial support to their underage children who were born in the marriage. Financial support usually continues until the child's 18th birthday, in some cases and even after.

When calculating the amount of support, West Virginia courts use the Income Shares Model and is awarded based on state recommendations. Those recommendations are based on the reasonable needs of the child, as well as the financial capabilities of the parents. The amount is calculated from the net total income of each parent, as well as the number of underage children in the family. Also, the amount of financial support can be affected by such factors as the availability of medical insurance for the child, the cost of education for the child, the ability of each parent to provide financial support for the basic needs of the child.

Uncontested West Virginia divorce with children
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Rules for spousal support in West Virginia

Rules for spousal support

Claim for spousal support (alimony) is only possible if the spouses lived separately from each other and without cohabitation.
The state legislation provides next types of alimony:

  • Permanent spousal support;
  • Temporary spousal support, otherwise known as spousal support pendent lite;
  • Rehabilitative spousal support;
  • Spousal support in gross;

In some cases, when awarding spousal support, the court will pay attention to the reasons that led to the desire to terminate the marriage. Nevertheless, the main factors are always the following:

  • Duration of marriage;
  • The length of the period when the spouses lived as a husband and wife;
  • The financial condition of each of the spouse;
  • Age, as well as physical and mental indicators of the spouses;
  • Whether the requesting spouse is the custodian of an underage child;
  • Expenses for the maintenance of an underage child (if any);
  • Financial needs of each spouse;
  • The standard of living that were established in the marriage;
  • Any financial or any other contribution that were made by the spouse in the development of his or her partner;
  • Any other factors that the court may consider as important;

Property division in West Virginia

Property division

When divorced in West Virginia, one of the main tasks facing the court is the division of common property that the couple acquired throughout the marriage. Usually the court holds the opinion that the property should be equally divided between the spouses.

However, if the spouses have an agreement on how they want to share their property, the court in most cases will come to a decision to approve this decision if it considers that it is honest and fair.

The division of property includes all movable and immovable property of the spouses, which has passed into their possession after the marriage was concluded, as well as any debts and additional sources of income.

Divorce without a lawyer in West Virginia

Cases, when a divorce is made without the participation of a lawyer, are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". A divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it may be rather convenient to initiate the Pro Se Divorce.

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Mediation support in West Virginia

If the couple has an underage children, the court typically orders both spouses to attend courses for parents. When the spouses are ready with the relevant courses, the court will set the date of the hearings regarding divorce.

Divorce forms in West Virginia

There are plenty of divorce forms prescribed by state law that may be found on the West Virginia Judiciary website. The forms which may be need for the particular divorce case may vary depending on the county and a lot of other conditions. Every divorce case is unique.
The most common forms necessary for all the cases are "Petition for Divorce" and the "Summons".

Online Divorce may help with picking up and preparing all the necessary documents acceptable for the certain case for a reasonable price and in a short time.

Uncontested divorce in West Virginia

Uncontested divorce in West Virginia

Divorce is never easy, but there is also a simplified dissolution procedure for marriage. This is also called uncontested divorce in West Virginia. This type of divorce is suitable for spouses who can still make compromises and concessions, an uncontested divorce will help them to make their own decisions without involving the judge in family proceedings. The uncontested divorce lies in the fact that before the start of the trial the spouses have already agreed on all their disputable issues. Thus, the couple will not have to go through a string of harassing court hearings, but only appear in court to make a verdict.

So, in order to get an uncontested divorce, the spouses must discuss the following points and come to a common solution:

  • Custody of minor children and visiting hours;
  • Financial support for the child, as well as expenses for medical insurance and dental services;
  • Alimony;
  • Division of common property;
  • The division of common debts;

Legislation of West Virginia established the following documents for uncontested divorce: Petition for Divorce, Civil Coversheet, Vital Statistics Forms, Financial Statement, and, Stipulated Agreement.
If there are children under 18 involved, the following additional forms need to be filed - Financial Statement, Child Support Income Withholding Form, Parent Education Registration Form, and Proposed Parenting Plan.

How to serve divorce papers in West Virginia

As soon as the West Virginia divorce papers are submitted to the court, the copies must be delivered to the non-filing spouse. In West Virginia, there are the following ways to serve the spouse:

  • Sheriff's service;
  • Private process server;
  • Sending documents via certified mail;
  • Service by publication.

The evidence of the serving must be provided to the court.

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Filing fees for divorce in West Virginia

The total cost may include West Virginia court filing fees and cost of using the service of online divorce. This cost may vary by county.