Getting Divorced in West Virginia: A Guide for Non-Lawyers

Before filing for divorce in West Virginia, ensure you meet the residency requirements. At least one spouse must have been a resident of West Virginia for at least one year prior to filing. Alternatively, if the marriage took place in West Virginia and at least one spouse currently resides there, you can file immediately. Also, determine which grounds for divorce apply to your situation. West Virginia recognizes both no-fault grounds (irreconcilable differences or living separate and apart for one year) and fault-based grounds.

Collect all relevant financial documents including tax returns, pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, mortgage information, credit card statements, loan documents, insurance policies, and lists of assets and debts. Also gather personal documents such as birth certificates, social security cards, and marriage certificate. These will be needed for financial disclosure and property division discussions.

This is the initial document that starts the divorce process in West Virginia. The petition must include basic information about both spouses, the marriage, any minor children, and the grounds for divorce. It should also include preliminary requests regarding property division, child custody, child support, and alimony (if applicable). In West Virginia, this document may also be called a 'Complaint for Divorce.'

A summons is a legal document that notifies your spouse that you have filed for divorce and that they must respond within a certain timeframe (usually 20 days in West Virginia). The summons will be served along with the Petition for Dissolution of Marriage.

File the Petition for Dissolution of Marriage, Summons, and any other required initial documents with the Family Court in the county where either you or your spouse resides. You will need to pay a filing fee (approximately $135-$200 in West Virginia), though fee waivers may be available for those who qualify based on financial need. Obtain multiple copies of the filed documents, as you'll need them for service of process.

Your spouse must be legally notified of the divorce filing. In West Virginia, this can be done through: 1) Personal service by the county sheriff, 2) Certified mail with return receipt requested, 3) Private process server, or 4) Acceptance of service (if your spouse agrees to accept the papers voluntarily). If your spouse cannot be located, you may need to request permission from the court for service by publication. Keep proof of service as you'll need to file it with the court.

If you were served with divorce papers, you must file a Response (also called an Answer) within 20 days of being served. If you initiated the divorce, your spouse has 20 days to respond. The Response addresses each allegation in the Petition and states whether the respondent agrees or disagrees with the requests made. It may also include counterclaims or requests for relief.

Both spouses must complete and exchange detailed financial disclosure forms. In West Virginia, this is typically done using the Financial Statement form. This document requires full disclosure of income, expenses, assets, and debts. Be thorough and honest, as failing to disclose assets can result in penalties and may be grounds for reopening the divorce settlement later.

If either spouse requests temporary orders for issues like child custody, child support, spousal support, or use of marital property during the divorce process, a hearing may be scheduled. Prepare for this hearing by gathering relevant documentation and being ready to explain your needs and circumstances to the judge.

If you have minor children, West Virginia requires both parents to attend a parent education class. This class focuses on minimizing the effects of divorce on children and developing co-parenting skills. You must complete this class and file the certificate of completion with the court.

If you have minor children, you must create a detailed parenting plan that addresses legal and physical custody arrangements, visitation schedules, holiday and vacation time, transportation between homes, decision-making authority, and communication methods. West Virginia courts strongly encourage parents to develop this plan cooperatively, but if you cannot agree, each parent may submit their own proposed plan for the court to consider.

West Virginia uses the Income Shares Model to calculate child support. Both parents' incomes are considered, along with factors such as the number of children, healthcare costs, childcare expenses, and the physical custody arrangement. Complete the Child Support Worksheet using the guidelines provided by the West Virginia Department of Health and Human Resources. This calculation will determine the support amount to be paid by the non-custodial parent.

Work with your spouse (and attorneys if applicable) to negotiate a comprehensive settlement agreement that addresses division of property, debts, retirement accounts, spousal support, and any other financial matters. If children are involved, the agreement should incorporate the parenting plan and child support arrangements. This document, when signed by both parties, becomes a binding contract that will be incorporated into your final divorce decree.

If retirement accounts or pensions will be divided as part of your divorce settlement, you'll need a QDRO. This specialized court order directs the plan administrator to divide the retirement benefits according to your agreement. Each retirement plan may have specific requirements for QDROs, so it's often advisable to have this document prepared by an attorney familiar with QDROs or a specialized QDRO preparation service.

In West Virginia, mediation is often required if spouses cannot reach agreement on issues related to children or property division. Even if not required, mediation can be a cost-effective way to resolve disputes. A neutral mediator helps facilitate discussion and negotiation between the parties. Come prepared with your financial information and be ready to discuss your priorities and concerns.

If your divorce is uncontested (meaning you and your spouse agree on all issues), the final hearing may be brief. If contested issues remain, prepare for a more extensive trial. Gather all necessary evidence and witnesses to support your position. Dress professionally and be respectful in court. The judge will make final determinations on any unresolved issues.

The Final Decree of Divorce is the official court order that legally ends your marriage and sets forth all the terms of your divorce. It incorporates the Marital Settlement Agreement, Parenting Plan, child support orders, and any other court rulings. Review this document carefully before it is submitted to the judge for signature, as it will govern your rights and responsibilities going forward.

If child support or spousal support is ordered, West Virginia typically requires a Wage Withholding Order. This document directs the paying spouse's employer to withhold the support amount from their paycheck and send it directly to the Bureau for Child Support Enforcement, which then forwards it to the receiving spouse. This ensures regular, timely payments.

Once the judge signs the Final Decree of Divorce, obtain several certified copies from the court clerk. You'll need these for various post-divorce tasks such as changing your name, updating financial accounts, and modifying property titles. There is usually a fee for each certified copy.

After your divorce is finalized, update your personal records and accounts. This may include: changing your name on your driver's license, social security card, passport, and other identification; updating beneficiaries on life insurance policies and retirement accounts; changing titles on vehicles and real estate; updating wills and estate plans; and notifying creditors, banks, and other financial institutions of your divorce and any name change.