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FILING A DIVORCE IN WEST VIRGINIA

***YOUR RIGHTS MAY BE BETTER PROTECTED WITH THE HELP OF AN ATTRONEY. ***

          You can obtain a divorce without the assistance of an attorney, but if minor children will be involved in your divorce, if you and your spouse own a home or business, or if you or your spouse have a pension or retirement plan, your custody, property, and support rights may be better protected with the help of an attorney.

The staffs of the Circuit Clerk's Office and the Family Court are prohibited by law from providing legal advice.

TIME DEADLINES

          In a divorce case, the parties must meet certain deadlines, such as filing papers and documents by a specific date.  The failure to meet deadlines can result in the Court imposing penalties.  If the other party meets the deadline and you do not meet the deadline, the Court can accept the information that was filed by the other party. 

FAILURE TO COMPLY WITH DEADLINES CAN HURT YOUR CASE!  

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          If you require any special arrangements to fully participate in court proceedings; for example, a language interpreter, hearing or visual aids, or accommodations for physical access, please notify the Circuit Clerk's Office by checking the appropriate box on the Petitioner's Civil Case Information Statement.

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STEP 1: MAKE CERTAIN YOU CAN LEGALLY FILE FOR A DIVORCE IN WEST VIRGINIA.

      You can file your divorce in West Virginia only if:

  1. You or your spouse have lived in West Virginia for at least one year before the divorce is filed.
    OR
  2. You now live in West Virginia, and you and your spouse were married in West Virginia.

STEP 2:  REVIEW THE PETITIONER'S DIVORCE PACKET AND FILL OUT THE APPROPRIATE FORMS.

  1. WHAT ARE THE CORRECT FORMS FOR YOUR CASE?
  2. WHAT ARE THE DEADLINES FOR FILING THE FORMS?

EVERYONE who files a divorce case MUST complete and file the following forms:

  • Petition for Divorce 
    • There is no deadline for filing the Petition, but when the Petition is filed, the Court's clock starts.
  • Petitioner's Civil Case Information Statement - Domestic Relations Cases
    • Deadline:  MUST be filed with the Petition.
  • Vital Statistics Form
    • Deadline:  MUST be filed with the Petition
  • Financial Statement
    • Deadline:  MUST be filed with the Petition
    • Deadline:  MUST be served on the other party, or parties, and filed in the Circuit Clerk's Office.

In Cases involving MINOR CHILDREN, and/or SPOUSAL SUPPORT, the Financial Statement MUST be accompanied with the following forms:

  • Application for Child Support and Income Withholding Services from the Bureau for Child Support Enforcement
    • Deadline: MUST be filed with the Petition.
  • Proposed Parenting Plan
    • Deadline: Before the first hearing.
  • Parent Education Notice

      AND

      You MUST also file the following information with your Financial Statement:

  1.  A copy of your 3 most recent wage or salary stubs showing gross pay, deductions for taxes and other items, and net pay for a normal pay period, and for the year-to-date;
  2. Copies of your and your spouse’s complete income tax returns for the two years immediately preceding the date the Petition was filed, together with copies of the federal Form W-2 for those years; and a copy of the Form W-2 for the most recent year for which that form is available, even if a tax return has not yet been filed for that year;
  3. For self-employed persons and business owners, a copy of a current financial statement showing gross income, expenses, and net income;
  4. Copies of any invoices or receipts showing the cost of any extraordinary medical expenses for the party or the children, any child care expenses, and any expenses necessitated by the special needs of the children.

       AND

      5. You MUST also complete a Parent Education Class.
               Deadline: You must pay the Parent Education Fee when you file your Petition, unless your fees have been waived. You should attempt to complete a Parent Education Class before your first hearing.  If you do not, your case may be delayed.

OTHER FORMS YOU MAY NEED

  • Acceptance of Service
  • Affidavit of Non-Residency or Unknown Residency
  • Servicemembers Civil Relief Act Waiver
  • Divorce Answer Packet