Download completed West Virginia divorce forms based upon the answers you provide in the online interview. We provide West Virginia State Approved downloadable West Virginia divorce kits, complete with divorce instructions, to allow you to obtain a divorce in West Virginia. Download your uncontested or no fault West Virginia divorce papers and eliminate any divorce attorney. Click the Start Now button and begin your online divorce today.
One of the spouses must have been a resident of West Virginia for at least one year immediately prior to filing. However, if the marriage was performed in West Virginia and one spouse is a resident when filing, there is no durational time limit. The divorce should be filed for in the county:
There are mainly two reasons of divorce in West Virginia those are fault and general. In order to file for divorce in West Virginia, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
No-fault reasons fordivorce in West Virginiainclude:
General reasons fordivorce in West Virginiainclude:
Either parent may be awarded custody and all considerations are to be in the best interest of the child. There is a presumption in favor of the parent who has been the primary caretaker of the child. The factors for consideration are:
In addition, West Virginia provides specific guidelines for preparing Parenting Plans in the statute. [West Virginia Code; Sections 48-9-102, 48-9-201, and 48-11-201].
West Virginia is an “equitable distribution” state. Each spouse may retain his or her separate property:
Marital property, consisting of all other property acquired during the marriage, is to be divided equally and without regard to any marital misconduct. However, this equal division may be altered based on consideration of the following factors:
The court may, if necessary, award a spouse’s separate property to the other spouse. [West Virginia Code; Sections 48-5-604 to 48-5-612 and 48-7-101 to 48-7-112].
Either spouse may be ordered to provide the other spouse with alimony. Factors to be considered are:
Marital misconduct of the spouses will be considered and compared. The court may require health and/or hospitalization insurance coverage as alimony. [West Virginia Code; Sections 48-6-301 and 48-8-104 and West Virginia Case Law].
Either parent may be required to provide periodic child support payments, including health insurance coverage. Child support guidelines are available from the West Virginia Child Advocate Office and are in the statute. The following factors that may be possible reasons for deviation from the official child support guidelines:
One of the parents may also be granted exclusive use of the family home and all the goods and furniture necessary to help in the rearing of the children. The court may require health and hospitalization insurance coverage as child support. Provisions for income withholding shall be included in every divorce decree to guarantee the support payments. [West Virginia Code; Sections 48-13-301 and 48-13-702].
If the divorce involves a minor child, the court will order the parents to attend a parent education class to educate parents about the effects of divorce and custody disputes on children and teach parents methods to help children minimize their trauma. [West Virginia Code; Section 48-9-104].
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Marital Settlement Agreement: You will get a complete settlement agreement that you and your spouse can agree to.
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