Divorce: The Basics

In order to obtain a divorce in West Virginia, certain elements must be met. A couple seeking a divorce in West Virginia must have been married in West Virginia and at least one of the spouses must continue to reside in West Virginia. Alternatively, a couple seeking a divorce in West Virginia can obtain a divorce in the state if the couple has resided with the state for at least 12 months.

The divorce is filed in the circuit clerk’s office of the county courthouse where at least one spouse lives. To file for divorce, there are multiple forms that are required to be filled out. Some forms require a notary to sign them as well. When all forms are completed, signed, and notarized, the forms go to the circuit clerk’s office to be filed. Typically there is a filing fee to be paid during submission. In some cases where the petitioner cannot afford to pay the fee, they can have the fee waived if they qualify for the fee waiver.

After filing for divorce, a family court judge will decide the divorce. The judge reviews all information submitted including, the divorce petition, civil case information statement, vital statistics form, financial statements, fee waiver affidavit, child support income withholding form, parent education registration form, and the parenting plan, to make decisions for the couple if the couple is unable to come to an agreements in distrib uting matters. The judge can decide on where children live, if any are involved, how to divide property owned by both spouses, and who has to pay for bills or loans.