Unfortunately there are no forms available online through the West Virginia court system. You should contact the office of the circuit court in whichever county you wish to file for divorce, or the county where your divorce was filed, and receive the necessary forms there.
How do I file for divorce in West Virginia?
While divorce laws vary by state, here are the basic steps:
- First, you must meet the residency requirements of the state in which you wish to file.
- Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
- Third, you must file divorce papers and have copies sent to your spouse.
How much does it cost to get a divorce in WV?
Fees and Court Costs.
The following fees are due at the time you file your divorce. * Fee for filing Divorce Petition – $135. * Fee if your Petition is served on the Respondent by the Sheriff’s Department – $25. * Fee if your Petition is served on the Respondent by certified mail/restricted delivery – $20.
How fast can you get a divorce in WV?
If the process moves along without holdups, the paperwork for a divorce in West Virginia can be processed in a minimum of 360 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.
How much is an uncontested divorce in WV?
A contested divorce can run in upwards of $15,000 even an uncontested divorce with a lawyer can cost $3000 depending on whether you have minor children or not. However, filing in West Virginia, Pro Se, will cost you the filing fees, about $135 to $185 depending on the county, plus the cost of preparing the paperwork.
Is WV A 50/50 divorce state?
West Virginia is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case. … Factors such as one spouse’s economic misconduct may also be considered.
Can you date while separated in West Virginia?
No. As long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof. Divorce paperwork is filed in the Circuit Clerk’s office in the county courthouse.
What can you not do during a divorce?
Top 10 Things NOT to Do When You Divorce
- Don’t Get Pregnant. …
- Don’t Forget to Change Your Will. …
- Don’t Dismiss the Possibility of Collaborative Divorce or Mediation. …
- Don’t Sleep With Your Lawyer. …
- Don’t Take It out on the Kids. …
- Don’t Refuse to See a Therapist. …
- Don’t Wait Until After the Holidays. …
- Don’t Forget About Taxes.
How long does it take to get a no fault divorce in WV?
How long does it take to get a divorce in West Virginia? That depends. If you choose an uncontested, no-fault divorce, where you and your spouse agree on all the issues before going to court, then you can be divorced in 30 to 90 days after initial paperwork has been filed with the court.
Can my wife divorced me without my consent?
If someone wishes to divorce their spouse on the grounds of desertion, then the spouse will not necessarily have to consent to the divorce. … This is the only ‘fact’ for divorce that does not require the other person to complete and return the ‘acknowledgement of service’ from the Court.
Do you have to go to court for a divorce in WV?
Yes. If you have signed up but not filed any divorce papers, then nothing must be done. If you have initiated the action by filing the Petition for Divorce, your case can be dismissed by petitioning the court to do so. Normally, this can only be done by the filing spouse and must be done in writing.
What are grounds for divorce in West Virginia?
Fault grounds differ from state to state, but the most common include adultery, physical or mental abuse, addiction, and a criminal conviction. All states allow divorcing spouses to request a no-fault divorce, which means neither spouse is to blame for the divorce.
What is considered abandonment in WV?
Conduct presumptively constituting abandonment. … (c) Abandonment of a child shall be presumed when the unknown father fails, prior to the entry of the final adoption order, to make reasonable efforts to discover that a pregnancy and birth have occurred as a result of his sexual intercourse with the birth mother.
Is WV A no fault divorce state?
West Virginia is a hybrid state: You can choose whether you want a no-fault or fault-based divorce. To get a no-fault divorce in West Virginia, you’ll state in your petition that you and your spouse have “irreconcilable differences” (meaning you can’t get along anymore).
Can you get a dissolution in WV?
In West Virginia, the simplified divorce process is available to divorcing spouses who can agree on significant divorce-related issues, including child custody, child support, alimony, and property division. (W.Va. Code § 48-5-107.)
How does alimony work in WV?
The court may require either party to pay spousal support. … The West Virginia courts DO consider the marital misconduct of spouses in awarding alimony. Alimony is not awarded to any spouse who is adulterous, convicted of a felony during the marriage, or deserts or abandons his or her spouse for 6 months.