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Your West Virginia Divorce Laws 2017

Get Your West Virginia Divorce Laws and Save Your Time… ….by Discovering The “Know-How” of the West Virginia Divorce Process

 

West Virginia Residency Requirement
According to the West Virginia Divorce Laws and West Virginia Divorce Guidelines, to get divorced in West Virginia , one of the spouses must have been a resident of the state for at least 1 year immediately before filing the case. However, if the marriage was performed in West Virginia there is no Residency Requirement.

Place of Divorce (Venue)
The case may be filed in:
(1) County in which the spouses last lived together
(2) County where the defendant lives if a resident
(3) County where the plaintiff lives if the defendant is a non-resident

Simplified or Special Divorce Procedures
If 1 spouse files a verified complaint for divorce on the grounds of "irreconcilable differences," the other spouse may file a verified "answer" admitting the "irreconcilable differences" and a divorce will be granted. No witnesses will be necessary for any proof for a divorce on the grounds of "irreconcilable differences." In other cases, witnesses will be required. Standard financial disclosure forms are required to be filed.


West Virginia Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences have arisen between the spouses or
(2) living separate and apart without cohabitation and without interruption for 1 year

Grounds for a Fault based divorce:
(1) adultery
(2) abandonment for 6 months
(3) alcoholism and/or drug addiction
(4) confinement for incurable insanity for 3 years
(5) physical abuse or reasonable apprehension of physical abuse of a spouse or of a child
(6) conviction of a felony
(7) cruel and inhuman treatment, including false accusations of adultery or homosexuality
(8) willful neglect of a spouse or a child
(9) habitual intemperance

 

NOTE: Regardless of the reason of the breakdown of the marriage or the reason for filing for divorce in West Virginia, the Divorce Do It Yourself Service will do divorces on an "Agreed" basis or a “Default” basis.

  • An Agreed Divorce , as shown in the WV divorce guidelines, is where BOTH spouses agree on the divorce terms such as West Virginia property distribution, West Virginia child support, or West Virginia child custody. Our clients (75%) usually prefer the Agreed Divorce method and both spouses sign the completed divorce forms and are agreed to the divorce.

  • A Default Divorce , from the divorce guidelines and West Virginia divorce laws, is when the other spouse doesn’t sign the West Virginia Divorce forms at all. He/she doesn’t do anything with the divorce. They simply default on their side of the case and the spouse who filed the original Complaint for Divorce gets whatever they asked for. Perfect!

 

West Virginia Divorce Resources
Here are the important divorce resources for West Virginia:

 

The Divorce Process to File Your Divorce in West Virginia
There are only a couple basic steps to a divorce:

  • File Your Divorce Papers for West Virginia at your Local County Courthouse (West Virginia Divorce Forms)
  • Notify Spouse by Service of Process of your filing for divorce in West Virginia
  • Attend your West Virginia divorce court hearing. That is it!

 

How The West Virginia Divorce Service Works

Divorce Process in West Virginia

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West Virginia Divorce Laws for Property Distribution
In an "Agreed Divorce" or "Default Divorce" the marital property is to be divided so that spouses agree on how to divide it. The main focus here is to agree on the division of the property…so that it doesn’t create a big fight that one party will want to go to a West Virginia divorce lawyer to make the divorce into a “Contested Divorce.” Then YOU will have to incur the fees of a lawyer too. Which can be huge.

  • Debts Most couples going thru a divorce, set out who will pay what debts as part of their Marital Settlement Agreement (MSA), and close all of their joint bank accounts.
  • West Virginia Alimony Laws (West Virginia Spousal Support Laws) In an Uncontested “Agreed or Default” Divorce, spousal support may be awarded to either spouse for their maintenance and support. Both parties must agree to it however…since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. In the West Virginia divorce laws for alimony, it is possible for alimony to be paid in one lump sum payment OR the use of a payment plan has become popular in the last 10 years as well. Alimony is not required for a person to get divorced in West Virginia.

West Virginia Child Custody Laws
Easy Definitions: (source: divorce process in West Virginia and WV divorce laws)

  • The Visitation Plan is the Plan the parents have on WHERE the children will live and WHEN the children will visit each spouse
  • Legal Custody is different than the Visitation Plan. It is the parent’s ability to make core decisions in the lives of the children…like, which church they will attend.
  • Physical Custody Is the parent’s choice of where the children will live. Also, which parent they live with and when they will exchange.

West Virginia Child Custody in a “Shared Custody” arrangement, is the normal method of our West Virginia divorce customers. If a “Sole Custody” arrangement is to be considered, then there typically must be a very good reason . Usually the job or financial status of a spouse is not to be considered for allocating any parental rights. Shared Custody or Sole Child Custody may be awarded to the Best Interests of the Child, of course.

Your West Virginia Child Support Laws
If the 2 spouses are unable to agree to a specific $amount of child support, there are West Virginia Child Support Guidelines that determine the amount for you. The guideline amount is supposed to arrive at a support amount that is in the child's best interest. However, most divorcing couples agree to a $number on their own, that will work just fine. Also NOTE, in most situations, -0- Child Support is OK if both spouses are working and can manage. This is also true for a West Virginia Legal Separation

West Virginia Child Support Calculator
You can calculate your child support in West Virginia right here.

Missing Spouse and Running a Newspaper Ad
If your spouse is missing and you do not know where to cannot locate him/her, after diligent effort, you can still get divorced in West Virginia. It may involve the extra expense of running a newspaper ad or something similar. We help you through the process. No big deal.

Wife’s Maiden Name Change
The Wife’s Maiden Name can be returned in the divorce process, if she wishes. We include the maiden name change in in our service as a FREE GIFT.

Your Local County Court Fees
The filing for divorce papers in your local county court will charges some fees. They go to pay the clerks and the judges. The usual range is between $75 and $200 to file a divorce. Every county does vary. So the best way to know is to call your county in the blue government section of your phone book. Regardless of whether you are going through a divorce service, using a West Virginia divorce kit, using a divorce attorney (or divorce lawyer), or doing a nearly free divorce in West Virginia, you will be paying your own filing fees.

 

Divorce Laws and Guidelines

 

 

 

 

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1 After you order, send in your information via the simple Divorce Questionnaire.

 

2 We complete your divorce forms in 2-3 business days and email them back for your review.

 

3 Sign and file the final divorce papers at your local County Courthouse. Get a date for your hearing and attend it.

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Free Divorce Booklet

Free Divorce Booklet
 
 

Common Questions

Common Questions
 

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