West Virginia Divorce Forms & Papers

Divorce Papers > West Virginia Divorce Forms & Papers

Going through a divorce is not easy. It involves a lot of physical, mental and financial strain to begin with. Most people therefore opt for DIY divorce in West Virginia. The process is not only simple but also less expensive. It is for this reason that many companies in West Virginia offer on-line services for people to have a hassle free divorce. But one should be very careful before selecting an authentic website to precede with your divorce procedures. The authenticity of the site can be judged through various features. This includes checking the reviews on the site and the layout and simplicity of the site. Most sites also provide guidance though a professional lawyer to resolve your queries. One can check for these details. Only when you are assured that the site is reliable you can download the West Virginia divorce forms and papers in order to file the same at a county near you.

There are certain terms and conditions that need to be fulfilled before filing for divorce in the state of West Virginia. As per the West Virginia rules, one of the spouses should be 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 duration time limit. The divorce should be filed for in: 1) the county in where the spouses last lived together; or 2) the county where the defendant lives if a resident; or 3) the county where the plaintiff lives, if the defendant is a nonresident. [West Virginia Code; Sections 48-2-6, 48-2-7, 48-2-8].

Divorce procedures for the state of West Virginia:

The divorce procedures are made quite simple in the state of West Virginia. As per law if a spouse files a divorce on the grounds of irreconcilable difference and the other spouse admits, a divorce is granted without the need of any witnesses. On the other hand any other reason apart from irreconcilable differences, witnesses are required.

The no-fault grounds for divorce in West Virginia are: 1) irreconcilable differences have arisen between the spouses; or 2) living separate and apart without cohabitation and without interruption for one year. [West Virginia Code; Section 48-2-4].

A Fault based divorce can be filed on the grounds of: 1) adultery 2) alcoholism or drug addiction 3) physical abuse 4) child abuse 5) abandonment 6) confinement 7) inhuman or cruel treatment 8) neglect 9) felony conviction or 10) intemperance

No matter what the reason for a divorce, the person filing for a Do It Yourself divorce can either opt for a divorce on an agreed basis or a default basis.

The West Virginia divorce laws and guidelines define agreed divorce as something that both the spouses agree for. In an agreed divorce the terms and conditions and issues such as distribution of property and child support is agreed and the document is signed by both the parties. This is the standard way of divorce and most couples prefer for an agreed divorce in the state.

A default divorce on the other hand is not signed by one of the spouses. The divorce is filed by the other spouse and the entire process of divorce is carried by him/her. The other spouse defaults on the case by will. The spouse filing for divorce is this case usually gets whatever is mentioned in the documents.

The Procedure to file a divorce in the state of West Virginia:

One has to follow three basic steps for a divorce in the state of West Virginia. This includes:

Filing the divorce papers at a county. (one has to fulfill the court requirements to file a divorce at the right county)
Notifying the spouse about you filing the divorce
Attending the court hearings

USE THESE WORDS IN THE COURT DOCUMENTS FOR WEST VIRGINIA

Use these exact words, all in capital letters: CIRCUIT COURT OF COUNTY, WEST VIRGINIA
Use these exact words, all in capital letters: COMPLAINT FOR DIVORCE
Use the word "Plaintiff". Be sure the "P" is capitalized.
Use the word "Defendant". Be sure the "D" is capitalized.
Use these exact words: DECREE OF DIVORCE. Be sure to use capital letters only when placed as the title of your final document.
Use the word "County" here.

For detailed divorce laws in West Virginia state, please see West Virginia Divorce Laws page.

Free West Virginia Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".

West Virginia Divorce Instructions

West Virginia Divorce Forms that both parties must sign

Forms & Documents

West Virginia Divorce Court Forms