A Clear Guide to Divorce in West Virginia: Key Laws and Processes

Divorce in West Virginia comes with its own set of rules and procedures. This page is designed to give you a straightforward overview of what to expect. For more in-depth information, check out the links to additional resources.

Divorce Laws in West Virginia

West Virginia allows both no-fault and fault-based divorces. In a no-fault divorce, “irreconcilable differences” is a common reason. For fault-based divorces, grounds like adultery or cruelty can be used.

To file here, one spouse must have lived in West Virginia for at least one year. The state doesn’t have a mandatory waiting period like some others, which can speed up the process.

Process of Filing for Divorce

To start your divorce in West Virginia, you’ll file a “Petition for Divorce” at your local county courthouse. Depending on your situation, you might need additional forms, especially if you have children.

After filing, you have to serve the papers to your spouse. Each county in West Virginia might have specific requirements, so it’s good to check.

Get a more detailed overview of the process here: How to File for Divorce in West Virginia

Child Custody and Support

When it comes to kids, West Virginia courts always look at what’s best for them. They consider factors like the child’s age, the parents’ relationship with the child, and each parent’s ability to provide care. Child support is calculated using state guidelines, focusing on both parents’ incomes and the child’s specific needs.

Alimony/Spousal Support

In West Virginia, alimony isn’t automatic. Courts look at things like the length of the marriage, each person’s earnings, and their future financial prospects. The goal is to help both spouses maintain a living standard somewhat similar to what they had during the marriage.

Property Division

For dividing stuff you owned together, West Virginia uses “equitable distribution.” This means fair, but not necessarily equal division. Courts consider each person’s contributions and future needs. This approach aims to be fair to both sides.

WV Divorce Resources

Want to know more about divorce in West Virginia? Check out these links for detailed information on family law courts, government resources, and legal aid in West Virginia.

Article: How Much Does a Divorce Cost in West Virginia

West Virginia Divorce Forms:

Basic Forms:

• West Virginia Petitioner’s Divorce Packet Instructions: https://www.courtswv.gov/lower-courts/divorce-forms/fc100b.pdf
• Petition for Divorce: https://www.courtswv.gov/lower-courts/divorce-forms/FC101-PetitionForDivorce.pdf
• Acceptance of Service: https://www.courtswv.gov/
• Financial Statement: https://prittlaw.com/blog/financial-statements-in-west-virginia-divorce/
• Bureau for Child Support Enforcement – Application and Income Withholding Form: http://www.courtswv.gov/public-resources/domestic/DVforms/FDVCSAP-BCSEApplicationandIncomeWithholding.pdf
• Affidavit of Out-of-State or Unknown Residency, Petitioner: https://transportation.wv.gov/DMV/DMVFormSearch/Res-Aff_Affidavit%20of%20WV%20Residency-WF.pdf
• Order of Publication, Petitioner: https://www.courtswv.gov/
• Certificate of Service: https://www.courtswv.gov/

Resources:

• West Virginia Judiciary – Divorce Forms: https://www.courtswv.gov/
• Legal Aid of West Virginia – Divorce and Custody Modification: https://legalaidwv.org/legal-information/guided-self-help-forms/

Disclaimer

This page provides general guidance on West Virginia divorce laws and shouldn’t be seen as legal advice.