How to File For Divorce in West Virginia
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- OFFICIAL -

HOW TO FILE FOR DIVORCE IN WEST VIRGINIA

- STEP BY STEP GUIDE -

STEP 1 - 2 ways to download the required West Virginia divorce papers:

Option A - BLANK WEST VIRGINIA DIVORCE PAPERS

Option B - HAVE DIVORCE PAPERS FILLED IN FOR YOU!

  • $299 Professional Service

STEP 2 - The Spouse that has decided to file for divorce must complete the following forms and be sure to have them Notarized and filed with the Court Clerk's Office in the County where you reside:

  • Petition
  • Verification Form (Attach this to the Petition)
  • Civil Case Information Sheet
  • Vital Statistics
  • Bureau for Child Support Enforcement Application and Income Withholding Form
  • *Bring a check *You may want to call the clerk to see what the filing fee is for your county (See List).

STEP 3 - You must SERVE your spouse of the filing by sending copies of the filed documents (above) as well as:

  • 1*Summons
  • 2*Acceptance of Service

*Your spouse MUST COMPLETE the above 2 forms and have them sent or hand delivered back to you AS SOON AS POSSIBLE for you to file at the clerk's office.

  • *Answer - Your spouse must file this form to the clerk within 20 days or else you cannot file an uncontested divorce).

*If you have minor children you must attach the Bureau for Child Support Enforcement Application and Income Withholding Form and the Parenting Plan Worksheet to the Answer form.

VIDEO TUTORIAL

 

REQUIREMENTS

  • Either party must be a resident of West Virginia for at least 12 months.
  • The most common form of filing for divorce is on the grounds of 'Irreconcilable differences'.

HOW LONG DOES IT TAKE?

  • A divorce in West Virginia takes a minimum of 5 months

STEP 4 - You should meet with your spouse with copies of your tax returns for the previous 3 years in order to fill out the following forms:

  • 1*Financial Disclosure Statement
  • 2*Marital Settlement Agreement

*IF YOU HAVE MINOR CHILDREN - Ask the clerk about the Parental Education classes you need to complete. The clerk will have a list of credited programs that you will need to get a certificate from after successful completion.

After waiting at least 20 days from the date you filed the forms on Step 2, you can file these forms at the clerk's office and schedule a court hearing date. Before going to the clerk's office, remember a Notice of Hearing form to fill in the date of the hearing and file the form. You will need a copy of the filed form to send to you spouse.

STEP 5 - Go to your court hearing with all your filed documents and as long as the Judge sees that you have completed all the steps successfully your Final Order for Divorce will be signed. After 3 days, your divorce will be made official. At this point, your divorce is complete in the State of West Virginia.

*NAME CHANGE - If you are seeking to change your name after divorce in West Virginia here is a resource.

 

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