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 the court West Virginia divorce papers. The information below will help you understand more about the divorce in West Virginia. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in West Virginia. We guarantee that in a short time you will receive the correct West Virginia divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get dissolution of marriage in West Virginia:

1

In order to divorce, your marriage should be legal, in other words, the legislation of West Virginia recognizes the existence of your marriage.

2

You must comply with the state's requirements for residing before filing a lawsuit.

3

You must have grounds for divorce. Like most states, the divorce in West Virginia can be fault and no-fault.

4

If there are disputes between you and your spouse, for example, who will be the main custodian of underage children, how financial support should be assigned to the child, whether it is worth paying alimony to the spouse and the period of their payment, and how to divide the common property and debts, it is better to solve all the disputable issues before the divorce, as in that case you have the right to a simpler and faster form of divorce. This will help you save time and money in the process of divorce and will not allow you to turn divorce into a soap opera. Legislation of West Virginia calls this uncontested divorce. If you still have controversial questions with your spouse, the judge will independently decide on your disputes, and this may delay the process of getting a divorce, because you have to go through a series of hearings so that the judge can make a decision.

5

Dissolution of marriage begins with the filing of divorce form documents in court. To do this, you need to fill out the West Virginia divorce papers that correspond to the type and circumstances of your divorce. For example, for an uncontested divorce, completely different papers are filled than for a classical divorce in West Virginia. Also, depending on the county where you file a claim, your documents may vary. Do not worry, if you will encounter difficulties in completing, you are not alone. Online Divorce will help you in any situation to choose the correct forms that fit your divorce case, and also help to fill them in accordance with state law. You will not need to waste time and nerves on studying state laws or resorting to expensive lawyer services. Online Divorce in West Virginia is always ready to help you in the process of preparation the West Virginia divorce papers. We give a 100% guarantee that the divorce form documents filled out through our service will be accepted by the court.

6

Once your forms are ready, you must register them in court and send copies of the papers to your spouse. If you do not have minor children, the minimum waiting period for starting a hearing is 20 days. If minors are present in the family, then the waiting period may be longer, since before the hearing begins you will have to attend special courses for parents.

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, and if you indicate this in West Virginia divorce papers as the reason, 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, you must provide the court with conclusive evidence of the fault of your spouse. However, if the reason for the divorce is adultery of the spouse, a divorce will not be granted if it is based on an unconfirmed certificate of a prostitute or a known criminal or accomplice, also if it turns out that the spouses cohabited within 3 years after the offense, the divorce will not be granted either.

If you are applying for divorce on the basis of no-fault reasons, then bear in mind that you do not have to prove the fault of your spouse. It will be enough to indicate one of the following statements in your divorce form documents:

#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 you want to get and grounds that led to this, 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

If you apply for a divorce in West Virginia, then there is no need to use the services of a lawyer. 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". Depending on which county you live, the process of divorce in the state of West Virginia can vary. Nevertheless, 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 is very 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 will force 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

In order to begin the process of divorce, you need to prepare the divorce form documents and file them in court. There are so many forms prescribed by state law that you can find on the West Virginia Judiciary website. However, be careful, not all of the presented divorce forms you need to fill out, but only those that correspond to your circumstances of divorce. Also, the county in which you file a claim may require you to fill out additional West Virginia divorce papers. However, the most common forms are "Petition for Divorce" and the "Summons". In any case, you need to approach as much as possible to the process of filling out forms, because in case of an error on your part, the court will simply reject your papers.

If you are lost in front of a huge number of divorce form documents provided by the state or are afraid that you will not manage on your own - you should not give up. Many couples found for themselves a convenient and useful onlinedivorce.com website - the best provider of online divorce form documents in the US. You will not need to understand the law and look for the necessary West Virginia divorce papers, Online Divorce will pick up all the necessary documents for you, we will also help to fill the papers out correctly. Online Divorce in West Virginia is a quick and easy way to get all the divorce form documents you need without spending a huge amount of money on attorneys' advice. Online Divorce gives a 100% guarantee that the West Virginia divorce papers filled out through our service will be approved by the court.

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;

If at least one of the questions remains unresolved or the couple can not come to an agreement, then the spouse will have to go through the court hearings, after which the judge will make decisions. Thus, to insure yourself against unnecessary stresses, it is better to resolve all disputes in advance and enter into a written agreement. This agreement also applies to the West Virginia divorce papers that will be submitted to the court.

In order to be eligible for an uncontested divorce in West Virginia, the pair must meet one of the following criterias:

  • The couple married in West Virginia and one of the spouses is currently a resident of the state;
  • If the marriage was concluded in another state, then the spouses are obliged to reside on the territory of West Virginia for at least 12 months preceding the filing a petition to the court;

If you satisfy the living conditions, you can attend to filling out the divorce form documents. Legislation of Western Virginia established the following documents for uncontested divorce: Petition for Divorce, Civil Coversheet, Vital Statistics Forms, Financial Statement, and, Stipulated Agreement.
If you and your spouse have children under 18, the following additional forms need to be filed with your divorce paperwork:

Financial Statement, Child Support Income Withholding Form, Parent Education Registration Form, and Proposed Parenting Plan.

Depending on the county where you file the petition, you will need to fill out additional West Virginia divorce papers. If you feel difficult when composing divorce form documents, do not worry, onlinedivorce.com is always ready to help you when filling out the papers. Our services will select all the necessary divorce forms that fit your circumstances, as well as help fill them out quickly and qualitatively. Once your papers are ready, they should be sued. Also, there is a minimum waiting period of 20 days before the Family Law Master conducts a preliminary hearing on your divorce. After this, the judge will set the date of the final hearing. How long will last uncontested divorce in West Virginia depends only on the date of the final hearing.

How to serve divorce papers in West Virginia

As soon as the West Virginia divorce papers are submitted to the court, you need to transfer the copies to your spouse, this is also called as ‘serving a spouse’, and is done so that he or she can get acquainted with your documents. You can serve a spouse in the following ways:

  • You can contact the sheriff's office with a request to deliver your documents. At the same time, you will be charged a certain fee for the services of the sheriff. Note that the sheriff makes only one attempt.
  • Use the help of the private process server, usually this service is more expensive than the services of the sheriff, however, private services make several attempts.
  • You can send documents via certified mail. To do this, it is worth asking the judicial clerk, and he will prepare and send all the necessary documents. You can use this method if you are sure that your spouse will take the documents;
  • If you do not know where your spouse lives, you can pay for an add in the newspaper informing that you are starting a divorce in West Virginia.

Regardless of the way you want to serve a spouse, you must provide evidence to the court that your spouse is notified of the commencement of the divorce proceedings. Only after that the court will be able to set the date of the hearing.

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Filing fees for divorce in West Virginia

Total fees will contain sum of West Virginia court filing fees and cost of using the service of online divorce in West Virginia. This cost may vary by county. Please check with your local court officer to determine the exact amount.