Divorce in West Virginia
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Top Resources for Divorce in West Virginia
Finances, Property and Support
One of the most stressful parts of divorce is deciding who gets what and determining who must pay off marital debt. Spouses must reach agreements on things like splitting assets and debts, either on their own or with outside help from a mediator, financial advisor or attorney.
Other Important Topics about Divorce in West Virginia
Just as every couple is different, so is every divorce. Some couples can use checklists and other free resources to DIY their divorce through the West Virginia court system, while others need more help.
Others, including couples with at least one spouse in the military or couples with complicated scenarios (substantial assets, debts, custody concerns, an uncooperative spouse), must follow additional rules.
Related Topics
Important Information About Divorce in West Virginia
What is the waiting period in West Virginia?
No waiting period.
What is the do you need to be separated before filing for divorce? if so, how long? in West Virginia?
No, but you can use a one-year separation as your grounds. Also, if you are living together and trying to get a fault-based divorce, you may have some trouble with the court.
What is the property (e.g., separate property / equitable property) in West Virginia?
Equitable distribution.
What is the filing fee in West Virginia?
$135. There is also a $25 fee if you have the sheriff serve or a $20 fee if you serve via certified mail with restricted delivery.
What is the joint petition possible? in West Virginia?
No
What is the how do you waive filing fee? in West Virginia?
Fill out an affidavit. Wait for their response. http://www.courtswv.gov/legal-community/court-rules/civil-procedure/pdf/Affidavit.pdf
What is the annulment rules in West Virginia?
Annulment is rare. It is treated much like divorce. Grounds include:
- bigamy
- familial relationship
- incompetence
- having an STD that has not been cured
- impotence
- under the age of consent
- conviction and imprisonment over one year
- pregnancy by a third party
- lack of consent/coercion.
https://legalaidwv.org/legal-information/annulment
What is the is there a faster way to divorce? (e.g., summary dissolution in ca) in West Virginia?
Uncontested is the fastest.
What is the what are the parties divorcing called? in West Virginia?
Petitioner/Respondent
What is the methods of serving the petition (or equivalent) + can the respondent waive service? in West Virginia?
Several choices:
*Sheriff
*Professional process server
*Certified mail
*Publication (but only if their location is unknown or respondent lives out of state and will not sign return receipt for certified mail). There are further things to know if you serve via publication: Child support and spousal support may be limited, and you cannot use this form of service for irreconcilable differences grounds.
What is the what are the residency requirements for divorce? in West Virginia?
You or spouse must have lived in WV for one year, or, you now live in WV and you and spouse married in WV.
What is the does it matter who files first? in West Virginia?
No.
What is the what is the deadline for the response (or equivalent) in West Virginia?
20 or 30 days, depending on how the respondent was served. http://www.courtswv.gov/lower-courts/divorce-forms/FC100.pdf
What is the are the parties required to go to court? describe in West Virginia?
Yes. There is an initial hearing or conference (case management conference or hearing). (Parent class must be completed before it.) If a party asks for temporary support, there may be a hearing on that. There is also a Final Hearing that results in a Final Order.http://www.courtswv.gov/lower-courts/divorce-forms/FC100.pdf
What is the are there requirements before you can file or finalize your divorce (like classes, etc) in West Virginia?
Yes, if there are minors involved, you must attend an approved parent education class and file a Class Completion Certificate with the Circuit Clerk's Office. This must be scheduled and attempted to be completed before the first hearing or conference. If not, the case may be delayed..
What is the is separation required before you can finalize your divorce? in West Virginia?
No - but if you are trying to get a faulted divorce, the court may have questions.
What is the no-fault state? in West Virginia?
Both.
What is the if fault, what are the grounds? in West Virginia?
Fault grounds: cruelty, adultery, felony, insanity, substance abuse, abandonment for six months or more with a genuine plea for return and a genuine refusal to do so; child abuse.
What is the permanent alimony/spousal support? in West Virginia?
Sometimes.
What is the alimony/spousal support rules in West Virginia?
Judges may consider many different factors when determining whether to order spousal support and how much spousal support to order. The amount of spousal support is generally up to the judge, and, unlike many other states, the judge does not rely on a set formula or list of factors.The only factor a judge must consider by law is fault or misconduct, which is whether you or your spouse did anything to contribute to the end of the marriage. The most common other factors a judge may choose to consider are length of marriage, how much money each spouse makes, age, education, and future ability to make money. Types: permanent, temporary, rehabilitative, and spousal support in gross (either a one time payment or a specific amount paid over time). https://www.womenslaw.org/laws/wv/divorce#node-69736
What is the child support rules in West Virginia?
The Family Court sets the amount using WV's child support formula. Here is a table: https://code.wvlegislature.gov/48-13-301/ AND here is a shared parenting worksheet https://code.wvlegislature.gov/48-13-403/ AND an extended shared parenting worksheet https://code.wvlegislature.gov/48-13-502/.
What is the military divorce rules in West Virginia?
Military retirement is divisible as marital property by statute. Military members must use a civilian attorney if they use an attorney at all. https://home.army.mil/knox/application/files/4115/6623/5528/WV_Div.pdf
What is the is there an official spousal support calculator? if yes, link in West Virginia?
No.
What is the is there an official child support calculator? if yes, link in West Virginia?
Yes, it is alluded to here, but a link is not provided. https://legalaidwv.org/legal-information/divorce-what-you-can-ask-the-court-to-decide/
What is the when are you able to file taxes as a single person? in West Virginia?
You can file as a single person if you are divorced or legally seperated on or before Dec 31st
What is the can parties legally separate? if so, how? in West Virginia?
It appears to be no. I cannot find anything about this on an org or gov website, though.
What is the where do you file for divorce? (e.g., resident county, etc.) in West Virginia?
You can file in the county where you live or where the two of you last lived together.
What is the what are the rules for filing in this place? in West Virginia?
Go to Circuit Clerk's office in the appropriate county. One of the spouses must file a Petition for Divorce (form number SCA-FC-101), in the circuit court of either their or their spouse's county of residence. This petition gives an outline of the parties involved, their marriage status, their property, their children and most importantly how the petitioning spouse (now called the Petitioner) wishes that the marital property be divided. Once this form has been filed it is the Petitioner's responsibility to serve the petition and other necessary papers (like a summons to court) on his or her spouse.
What is the what are the primary documents generated for divorce called? in West Virginia?
Petition for Divorce, Civil Case Information Sheet, Financial Statement, Vital Statistics Form. If filing for child or spousal support: Application for Child Support and Income Withholding Services, Proposed Parenting Plan. May also need: Acceptance of Service, Affidavit of Non-residency or Unknown Residency; Servicemembers Civil Relief Act Waiver, Divorce Answer Packet.
What is the can you change your name during the divorce process? if so, how? in West Virginia?
Yes, you can ask for it in the divorce process. http://www.wvlegislature.gov/wvcode/chapterentire.cfm?chap=48&art=5§ion=613#:~:text=ARTICLE%205.,DIVORCE.&text=The%20court%2C%20upon%20ordering%20a,forty%2Deight%20of%20this%20code.
What is the can you finalize your divorce while pregnant? if yes, how? in West Virginia?
Many "unofficial" sources say yes.
What is the info on ending domestic partnerships
(formerly "can you end a domestic partnership at the same time as divorce") in West Virginia?
Domestic partnerships are not recognized in WV.
What is the are financial disclosures required? if so, explain in West Virginia?
Yes, with the petition.
What is the is there free legal help for divorce in this state? if so, where and how do you access? in West Virginia?
Contact Legal Aid. They do help with some divorces, especially if abuse is present. https://legalaidwv.org/get-help/eligibility/
What is the is there common law marriage? in West Virginia?
No. https://dhhr.wv.gov/bcf/Services/familyassistance/Documents/726/726%20ch11_1.pdf
What is the e-filing? in West Virginia?
https://efile.courtswva.com/Default.aspx
What is the e-filing? in West Virginia?
Yes
What is the court required? in West Virginia?
Yes
What is the are you required to appear in court at any point in the divorce process? in West Virginia?
n uncontested divorces, the first hearing in your case will typically be the only hearing. Generally, both spouses should attend the hearing. The judge will review your paperwork and settlement agreement, with particular focus on your parenting plan. The court will approve your agreement and incorporate it into the final order, unless the judge finds that:
What is the more divorce information: in West Virginia?
Yes, and it appears to be mandatory. https://www.courts.ri.gov/efiling/Pages/default.aspx
