Divorce papers in West Virginia — filing for divorce in WV
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Disclaimer: Online Divorce is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Online Divorce provides access to computer-aided self-help services at your specific direction. Online Divorce'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. Online Divorce does not sell blank forms. You may be able to download blank forms from a government website depending on your state.

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by Jamie Kurtz

Jamie Kurtz has been a practicing divorce lawyer since 2008. She received her Juris Doctorate from Southwestern Law School in Los Angeles in 2007. Ms. Kurtz was selected to Rising Stars for 2013 - 2016, 2019 - 2020, a peer designation awarded only to a select number of accomplished attorneys in each state. She also co-founded a law firm that specializes in uncontested divorce cases.

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Online Divorce in West Virginia

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. 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 on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file 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 stress-free. Even though West Virginia has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide 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 is the perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in West Virginia is quickly 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.

Finally, you don’t have to worry - our process 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.


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, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In West Virginia, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant 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 small 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.


Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. 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 mandate is not applicable, 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 in-date West Virginia driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. 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 have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form, and it should serve as proof you’ve lived in the state a minimum of six months.

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Valid grounds to get divorce in West Virginia

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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, abandonment for six months, and cruel or inhuman treatment.

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Custody of the child in West Virginia

Custody of the child

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. It is possible that either parent will be awarded custody, and there is no bias based on gender favoring 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 has been reached by the parents.

The reality is that the court wants to create a custody situation that is comfortable for the children and both parents. In most cases, joint legal custody and some form of shared physical custody will fulfill this need. 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 decide this direction. In these cases visitation (supervised or otherwise) may be deemed a better option to keep the child in contact with the non-supervisory 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.

Rules for child support in West Virginia

West Virginia has put into place specific state-mandated child support guidelines which apply in virtually every case, barring exceptional circumstances. With this, both parties’ gross incomes and certain child related expenses are considered. In the majority of child support cases, payments continue until the child reaches eighteen years of age, and they may extend until the completion of the child or children’s secondary education.

Some of the specific factors West Virginia for consideration for which support guidelines may be adjusted include:

  • Out of the ordinary medical, educational, psychological, or dental expenses (either on a one-time basis or ongoing);
  • The existence of income of the child or children;
  • The custodial parent is receiving both child support and spousal support (alimony);
  • Seasonal or other variations in one or both parents’ income or expenses;
  • 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;
  • Terms put into writing or into a shared parental arrangement;
  • The total assets of both the parents and the child;
  • The impact of the IRS Dependency Exemption on the parent’s taxes;
  • 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.

Uncontested West Virginia divorce with children

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Rules for spousal support in West Virginia

Rules for spousal support

Alimony, also known as spousal support, is sometimes ordered by the court to help one spouse live in a manner established during marriage after the divorce. Assistance may be decided upon by the couple together before filing or may be awarded by the court in a contested case. The court may award rehabilitative (short-term) or more permanent alimony to either of the spouses in either lump-sum payments or as monthly/yearly payments or both. Many factors are considered in the awarding of spousal support a few of these are:

  • Whether the spouse seeking alimony has childcare requirements 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 person--both at the time of divorce and at the time of marriage;
  • Any cost for the education of minor children as well as of healthcare for the spouse and the small children;
  • The decided upon 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 other contribution to aid the training or education, career, or earning capacity of the other spouse;
  • Necessary financial requirements 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 as alimony. [West Virginia Code; Sections 48-6-301 and 48-8-104 and West Virginia Case Law].

Property division in West Virginia

Property division

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 certain property. The property they may keep outright 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 which was acquired in exchange for any property that may be deemed separate.

Marital property, which is any other 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:

  • The contribution that each spouse made to acquiring, preserving, maintaining, or increasing value of marital property. This includes 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 foregoing income earning at the encouragement or insistence of the other spouse; and
  • Other legal factors which may be necessary to do equitably split the property between the spouses.

The court may, if necessary, award a spouse’s separate property to the other spouse. [West Virginia Code; Sections 48-5-604 to 48-5-612 and 48-7-101 to 48-7-112].

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Contested Divorce

Average prices start at $2000

Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unforeseen expenditures. Lengthy and expensive option.

  • Attorney availability impacts completion time
  • Each spouse has to hire an attorney, which automatically doubles legal costs
  • Potential court battles add to the already high-stress levels

The premier uncontested divorce tool

Fully-guided, fast and affordable process. Experienced and reliable online divorce service using top-notch technology.

  • Ready-to-file divorce documents can be completed at your own pace with easy access for both spouses
  • Award-winning customer support
  • One flat fee (for both spouses) to access all completed documents for filing
  • Free revisions and free name change, no hidden fees
  • Detailed state-specific filing instructions
  • Review all and make changes from the comfort of your own home
Other Online Divorce Services

Average prices start at $300

Other websites for filling out divorce documents use flawed software technologies to complete your divorce documentation.

  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in West Virginia

The West Virginia court may refer the divorcing spouses to attend mediation in any proceeding where the issues of child custody, parental responsibility, primary home, visitation, or child support are contested. Divorce mediation can also be obtained by any couple who wishes to resolve certain disagreements in a controlled and peaceful setting allowing for 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. This 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 which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify the process of preparing divorce documents and help both parties to move forward with their lives.

Divorce in West Virginia online

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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?

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

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.
  • We guarantee 100% court approval on divorce papers prepared through our website or your money back - we have 21 years of experience in completing divorce forms so clients can be sure the court will accept their documents without issues.

This program is easy-to-follow, and the customer support staff was approachable and friendly. Nothing hard at all - I got my divorce paper the next day after completing an interview on the website.

⭐⭐⭐⭐⭐ Amber H.