Uncontested Divorce in West Virginia

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Divorce is a very stressful situation that consumes a large amount of time and money. If the divorcing couple opts for an uncontested divorce procedure, they can save a lot in attorney fees and court costs. Such a divorce moves faster than a contested one. Moreover, all the decisions pertaining the future can be taken by the divorcing couple, rather than obeying the orders of the court. These positive points have made uncontested process quite successful in many countries around the world. It is surprising to note that this process of divorce is prevalent in all the 50 states in the USA. As a result a considerable number of cases are uncontested in nature. An uncontested divorce is a common phenomenon in West Virginia. The state laws specify the proceedings and requirements. Here we will discuss the grounds, residency requirements and forms needed in an uncontested divorce in West Virginia.

The decision to get separated is not easy. You should think about the consequences of this decision. To make your divorce effective, you must ensure that all conditions are fulfilled and for this you should possess a good knowledge of the process in brief.

Grounds for Uncontested Divorce in West Virginia

Fault grounds

  • Habitual intemperance
  • Willful neglect of a child or the partner
  • Inhuman and cruel treatment as well as false accusations of homosexuality or adultery
  • Conviction of a felony
  • Reasonable fear of or actual physical abuse of a child or a partner
  • Incurable insanity leading to confinement for 3 years
  • Drug addiction and / or Alcoholism
  • Abandonment for 6 months
  • Adultery

No-fault grounds

  • The divorcing partners have resided apart and separate in the absence of cohabitation for one year
  • Irreconcilable differences amongst the divorcing partners

Residency requirements

One of the divorcing partners must has been a resident of this state for minimum one year before filing a petition to be eligible to file for a divorce. However, if the marriage of the divorcing couple has taken place in this state, then the residency requirement does not have any time limit.

Divorce may be filed in one of the following counties -

  • The county wherein the divorcing couple last resided
  • If the Defendant is a resident of this state, then the county in which the Defendant resides is selected
  • If the Defendant is not a resident of this state, then the county where the Plaintiff resides is chosen

Forms to be filed

Whatever may be the type of your divorce, you will have to complete the paperwork accurately and then submit the papers in the court. Some of the essential forms for an uncontested divorce in West Virginia are elaborated below -

  • SCA-FC-101 (The Petition for Divorce): This form intimates the court the reasons why the divorce must be granted. The Petitioner enters all details regarding the division of property, child custody, child support and spousal support

  • SCA-FC-104 (The Vital Statistics Form): This document is meant for the state records of divorces, marriages, deaths and births

  • SCA-FC-106 (Financial Statement): Both the divorcing partners have to fill this form. It is a profile of the liabilities and assets of both divorcing partners inclusive of their marital property

  • SCA-FC-103 (Civil Case Information Statement for Domestic Relations): The divorcing parties submit their information to the court through this form

If the divorce involves issues like spousal support or minor children, then the Petitioner must also file the following forms -

  • A Parent Education Notice: This form explains both the divorcing parents that a Parent Education Class must be completed

  • A Proposed Parenting Plan: This document is an outline of the terms and conditions of visitation and custody. During the negotiations of divorce, this plan may be altered

  • SCA-FC-113 (A Bureau for Child Support Enforcement Application and Income Withholding Form):This form is used in the following two cases -
    • If either divorcing partner requests for spousal support
    • If minor children are involved in the divorce
    Along with the Answer to the Petition, the Respondent files these form also.

The information listed above does not contain any legal advise. An attorney is the best person to contact for legal advice. You can also go for DIY uncontested divorce in West Virginia. This option allows you to file for divorce, without any interference or limitations. You will obtain the forms within a few hours and also the Settlement Agreement. Thus taking into consideration all the factors of your divorce, you should proceed or else you may run into trouble.

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