West Virginia allows you to complete your divorce without an attorney if you and your spouse can come to an agreement on what to do with your property and how you will care for any children that you have.
West Virginia Residency Requirements
To file for divorce in West Virginia one or both spouses must have been a resident of West Virginia for the past year. However, if the marriage took place in West Virginia, you can still file for divorce even if you have been a resident for less than a year.
Grounds For Divorce
A no-fault divorce may be granted on the grounds of irreconcilable differences.
Filing Your West Virginia Divorce
The basic steps for filing your West Virginia divorce are as follows:
- One spouse signs and files the Petition for Divorce with the Clerk of the Circuit Courts.
- Both spouses sign and file the other divorce documents including the Marital Settlement Agreement.
- If minor children are involved, both spouses may have attend a parent education class if required by the county.
- Both spouses attend a divorce hearing, where the Judge will complete and sign a Final Order of Divorce.
Division of property & debt, child parenting plan (including child support, visitation and custody), spousal support, and more are covered.
If you select a West Virginia divorce without children, you are selecting the following forms:
If you select a West Virginia divorce with children, you are also selecting a Proposed Parenting Plan.
- Petition for Divorce
- Marital Settlement Agreement
- Civil Case Information Statement for each party
- Vital Statistics Form
- Financial Statement for each party
- Acceptance of Service
- Answer to Petition for Divorce
DivorceWriter provides forms specific to the state of West Virginia and offers a money back guarantee if your documents are not accepted by the Court.