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West Virginia is a state with a high divorce rate, which means that actually getting a divorce in WV isn’t that difficult. The state provides for both a fault or no-fault basis for dissolving a marriage. If a divorce is filed as no-fault, this means that the spouses have irreconcilable differences and/or have lived apart for a year. This option has become much more desirable when parting ways, since it significantly simplifies the whole process and gives your case the chance to be deemed as an uncontested divorce. For fault-based circumstances, there are distinct grounds which remain to be proven in a court of law. They are as follows:
Abuse or well-founded fear of physical abuse towards yourself or your child
Addiction (to drugs or alcohol)
Unrecoverable insanity which led to a confinement period of no less than three years
One spouse being found guilty of serious criminal offences
Voluntary abandonment for a considerable time period (at least six months)
Poor or degrading treatment
Continual heavy drinking.
For a lot of couples in which both sides are mutually seeking a breakup, an uncontested divorce is a reasonable choice, and it doesn’t matter if the couple has children. You can prepare for this type of divorce online, which is becoming quite popular as it is a straightforward option that saves time, stress and money. No matter how complex your predicament might be at first glance, it all comes down to the procedure that you and your marital partner have decided to follow. Suppose you and your significant other can come to a consensus on such basic issues as joint property and guardianship of the children and their support, you are already on a much easier path. Otherwise, if a couple is unable to make decisions that are acceptable for both parties, they have to go to trial to sort those issues out, which will make their divorce a contested one.
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Fill out our simple questionnaire to personalize your divorce forms in West Virginia.
Download a complete package of documents along with a list of instructions on how to file them properly. Print them out and submit for the court’s consideration.
With regard to the residency requirements, in WV they are slightly relaxed compared to other states. Basically, to file for a divorce with West Virginia courts, your marriage must have taken place within the administrative boundaries of WV, and at least one of the separating parties has to live there at the time of filing. Although, this isn’t applicable if the marriage was legalized in another state, because then you’ll have to pursue a separation claim in the place where you last lived together with your husband/wife, or where you or your spouse is currently a resident.
Even though an online uncontested divorce means you do not have to go to trial, you will still have to appear for the final scheduled hearing to legally get divorced. The court might also require you to attend a mediation session and parenting classes. They can assist you in settling some small issues that might still be unresolved. But other than that, there aren’t any mandatory counseling sessions that you would have to go through.
The West Virginia divorce packet is available on our website and includes forms and instructions that you are advised to carefully follow in order to get everything right without the help of a costly lawyer. It is important to fill out the documents correctly, make extra copies, and file the WV divorce paperwork within the given deadlines. You will be obliged to provide your personal information for the forms. Before going further, you must be absolutely sure that you are eligible for divorce in this state, which consequently will determine if West Virginia divorce papers are suitable in your situation.
After you familiarize yourself with the forms and precisely determine which of them you need (according to the specifics of your case), you can go ahead with the given directions. You will be guided step-by-step through each phase and get details on filling out each form accurately. You will also receive notes on the possible fees, a detailed description of the server services, what you can expect and how to file the forms with the court.
At your last hearing, if the judge approves the settlement and grants the divorce, you submit the Decree of Divorce. The day the judge signs that document is considered to be the date when your divorce is finalized.
Divorce is a hard process no matter what you do, but in some states, it is more complicated than in others. Divorce in West Virginia, as in every other state, has its own requirements and domestic relations laws. Before stressing out about the emotional and financial challenges WV divorce can inflict, first, get yourself familiar with all the facts and different options available to you. You might find some good alternatives to lots of lawyer consultations, endless court meetings and stacks of divorce papers.
A fair number of married couples are looking to legally end their relationships, but busy lives full of different responsibilities get in the way and leave a limited amount of time to give their attention to really engage in their divorce. This is a huge part of the reason why online divorces have gained so much trust and deserve consideration when you decide to make that final step in your married life.
We have gathered what you need to know about the West Virginia divorce procedure, what divorcing online actually means, along with all the necessary divorce papers.
One can obtain West Virginia divorce forms at the county clerk’s office or online. We provide reliable online assistance with filling out and filing the prerequisite documentation as a part of the divorce packet for WV courts.
The forms will vary slightly depending on your individual circumstances.
The necessary forms for all divorce cases will be the following:
Petition for divorce, in which you indicate the reason for splitting up along with the issues that are anticipated to be handled by a court of law
Civil case information statement with substantial data about both sides entering the divorce and the facts of the case
Financial statement which presents records on the income and other assets of both divorcing parties
Vital statistics form required to update the state’s records
Fee waiver if you have low income.
When common children under 18 are involved the marriage dissolution, the additional forms listed below should be filled out as well:
Application for child support
Parent education notice.
There may be extra forms which could prove to be useful, so it’s highly advisable to get in contact with the court that will handle your divorce and verify the necessary documents.
You must make at least three copies of all WV divorce packet forms, since one will be filed in court, the second has to be served to your husband/wife and the third must be kept for your personal records. Some documents must be originals so the copies aren't necessary, but it doesn’t hurt to have them just in case.
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In this section we review three different options you can choose from when filing for divorce in West Virginia.
01 The Traditional Way
It may take a lot of time as you will need to take all these things into account:
This option is a fully guided and effortless one. You will also enjoy the following benefits:
03 Other Divorce Providers
We are not sure that you’ll get what you pay for. Many of our customers decided to order with us after other divorce providers failed to provide all the documents filled out correctly. You may face the following issues:
When coming to a decision to terminate your marriage you surely must have thought about the amount of money it may cost you, since filing the divorce papers in WV along with other courts services have certain fees. This issue can be resolved by requesting a waiver on the basis of low income and an inability to pay the court fees. There is a specific form where you supply information about your income, called an Affidavit of Indigency, that you must fill out in addition to the Application. After the court decides whether to meet your claim your case can move ahead. Other than that, if you choose to file for your divorce online, many fees are automatically avoided, especially since you can easily find all the WV divorce papers through online resources.
To collect the necessary documents, you must also consider several important things. Despite the fact that there’s generally a specific set of forms ascribed by the West Virginia Supreme Court to all the counties in the state, it is better to clarify what is required with the clerk's office before filing. Also, you must pay attention to the minor details of your marriage termination that could necessitate other documents or additional forms. Those circumstances can include, among other things, the presence of children that are younger than 18 years old, shared assets or property, joint business, etc.
When filling out your divorce papers, be careful and don’t sign any affidavits and/or other documents that might need notarization. Those papers are required to be signed under oath when a notary public is present to verify the procedure. So, it is best to clarify whether the court will provide the notary services or if you need to get them on your own.
The state of West Virginia consists of 55 counties that share a common family court system which means that the matters of your settlement will be overseen by a family court judge selected for each county. When you decide to file the documents on your own, you must carefully consider which family court circuit will be handling your case. It is most reasonable to file the documents in the country where you live, but if your significant other resides somewhere else, the appropriate paperwork could be filed there as well.
With WV divorce documents, the petitioner must make copies and file them with the respondent. This is obligatory to ensure that the other party’s right to repair and respond is met. You must choose and indicate for the clerk how you want to serve the other party. There are a few services you can look into, like personally hand-delivering the documents, or service by publication, certified mail, or by a sheriff handing over the packet to your husband or wife. Certainly, your spouse can also consent to picking up the documents from the clerk’s office.
It stands to reason that you should also be careful about meeting the deadlines. Everything has to be done by an appointed date, otherwise you will have to deal with some consequential difficulties, like a penalty. Overall, in West Virginia the finalization of divorce proceedings can be expected to take from approximately 30 to 90 days, which has to do with when your hearing will take place.Check eligibility
The divorce packet in West Virginia includes a large number of different forms that are rather hard to collect. Failure to find a particular form might cause lots of problems and will make the overall divorce process much more complicated.
Preparing a West Virginia divorce kit is considered to be the most time-consuming part of your legal breakup.
Getting a divorce with the lawyer's help is very expensive. You will receive all documents needed, but hiring an attorney will cost you several thousands of dollars.
Tired of all this stuff? Can’t cope with loads of forms, documents, papers, and certificates? With our online service, you will get everything done – now you can get a quicker and cheaper divorce with no stress!Check eligibility