Why Divorce.com?
Benefits of an online divorce
Divorce.com simplifies the preparation process and reduces expenses for couples with an uncontested divorce. It means they don’t need to hire an attorney to draft their paperwork and file it with the court.
Divorce.com provides spouses with inexpensive and quick customized court forms that are required to ask the judge to terminate the marriage. The website also prepares the filing instructions and sends them along with the packet of documents in just two business days.
Getting the paperwork consists of the following simple steps:
Answer the questions from the online questionnaire.
Submit the answers for processing.
Receive, download, and print the papers prepared in a PDF format.
Finally, follow the filing instructions to file the divorce case with the local court.
Divorce.com saves time and money and makes filing for divorce smoother.
West Virginia
Divorce Forms
All the forms required
Finding the correct court forms can be challenging. Some are located at the state's self-help centers online, and others are obtainable directly from the local courthouse. The documents may also differ depending on the circumstances of each divorce case.
The basic West Virginia divorce forms include the following:
Petition for Divorce (Form SCA-FC-101)
Petitioner's Civil Case Information Statement (Form SCA-FC-103)
Vital Statistics Form (SCA-FC-104)
Acceptance of Service (Form SCA-FC-105)
Financial Statement (Form SCA-FC-106)
Notice of Hearing (Form SCA-FC-107)
Affidavit of Unknown or Out of State Residency (Form SCA-FC-110)
Order of Publication (Form CA-FC-111)
Certificate of Service (Form SCA-FC-314)
Worksheet for Individual Proposed Parenting Plan (Form SCA-FC-128)
Family Court Parenting Plan (Form SCA-FC-121)
Motion to Adopt Individual Proposed Parenting Plan (Form SCA-FC-129)
Application for Child Support Enforcement and Income Withholding Services (SCA-DV-FC-1202 and SCA-FC-113)
Financial Affidavit and Application: Eligibility for Waiver of Fees (Form SCA-C&M201)
The complete packet of forms does not necessarily include all the papers above. For example, couples without minor children don't need a Parenting Plan or child support documents.
Steps to consider
Filing Requirements
Residency Requirements
The West Virginia courts can only grant a divorce to couples meeting the state's residency requirements. It will ensure that the courts have jurisdiction to split the property, determine child custody, etc.
So, to get a divorce, a petitioner or a respondent must have lived in West Virginia for one year, preceding the action. However, if they got married in West Virginia and one of the spouses is a bona fide resident, it's enough to start the dissolution of the marriage without delay.
Grounds for Divorce
West Virginia allows the spouses to end their marriage upon providing the reason, also called grounds. The couples have a no-fault option - "irreconcilable differences" which means that the marriage is beyond repair.
There are also fault-based grounds for divorce in West Virginia:
Adultery
Voluntary separation for one year
Cruel treatment (both physical harm and mental abuse)
Conviction of a felony
Incurable insanity
Habitual drunkenness or drug use
Desertion for six months
Abuse or neglect of a child
Initial Filing
The filing process consists of several essential steps. First, the petitioner fills out the Petition for Divorce, Civil Case Information Statement, Financial Statement, and other required forms.
The next step is to file these papers with the Circuit Clerk's Office. It should be situated in the county where the respondent lives. If they don't live in West Virginia, the paperwork should be filed in the county where a petitioner lives or the couple last lived together.
Filing Fees
Starting a divorce case in West Virginia costs $135 which is the standard filing fee for submitting a Petition for Divorce. Other expenses include hiring a sheriff to serve the respondent with divorce papers ($25).
If the petitioner cannot afford these court fees, they may request the fee waiver by filling out and submitting Financial Affidavit (Form SCA-C&M201). The Deputy Clerk will review the application and decide if the petitioner is eligible for a fee waiver.
Serving the Respondent
The petitioner is responsible for notifying the respondent (non-filing party) about the start of the divorce proceedings. The papers they need to send are the Summons issued by the court clerk, a copy of the Petition, and copies of all the original documents filed with the court.
There are several options to serve the respondent properly:
personal service by the sheriff
service by a private server
certified mail
The respondent must then sign the acknowledgment of service form.
Waiting Period
Several states require that spouses wait a specific number of days after filing or serving the papers before getting divorced. West Virginia does not have such requirements, and couples can get a divorce decree as soon as they attend the final hearing.
However, the case cannot proceed forward until the respondent is served with the papers. After that, they have 20 days to file the response papers. This deadline applies to all services - mail, personal service, or publication.
Finalizing a Divorce Case
The parties will have to attend a court hearing to get divorced. The hearing is set by Scheduling Orders. After the Family Court sends this order to a petitioner, he or she must notify the other party.
The judge will review the papers at the hearing and ask the spouses questions. If there are witnesses in the case, the self-represented parties must question them. After the final hearing, the judge will sign the divorce decree, if everything is in order.
Filing basics
Filing for Divorce
West Virginia
How to get started
Finding the correct court forms can be challenging. Some are located at the state's self-help centers online, and others are obtainable directly from the local courthouse. The documents may also differ depending on the circumstances of each divorce case.
The basic West Virginia divorce forms include the following:
Petition for Divorce (Form SCA-FC-101)
Petitioner's Civil Case Information Statement (Form SCA-FC-103)
Vital Statistics Form (SCA-FC-104)
Acceptance of Service (Form SCA-FC-105)
Financial Statement (Form SCA-FC-106)
Notice of Hearing (Form SCA-FC-107)
Affidavit of Unknown or Out of State Residency (Form SCA-FC-110)
Order of Publication (Form CA-FC-111)
Certificate of Service (Form SCA-FC-314)
Worksheet for Individual Proposed Parenting Plan (Form SCA-FC-128)
Family Court Parenting Plan (Form SCA-FC-121)
Motion to Adopt Individual Proposed Parenting Plan (Form SCA-FC-129)
Application for Child Support Enforcement and Income Withholding Services (SCA-DV-FC-1202 and SCA-FC-113)
Financial Affidavit and Application: Eligibility for Waiver of Fees (Form SCA-C&M201)
The complete packet of forms does not necessarily include all the papers above. For example, couples without minor children don't need a Parenting Plan or child support documents.
Custody Basics
West Virginia courts’ primary concern is ensuring the children’s best interests in any divorce case. For this reason, the judges award joint custody to both parents so that the children can have frequent contact with each of them.
The parties are allowed to conclude a parenting plan together or separately. The judge will review this document and decide which provisions to approve and add to the final judgment.
Family law provides the following types of custody for the parents or a judge to choose from:
Joint legal custody (both parents can decide how to raise the children);
Joint physical custody (the children have frequent contact with both parents and may live with each of them in turns, depending on the court orders);
Sole legal custody (only a primary custodial parent chooses what’s best for the children);
Sole physical custody (the children live with a custodial parent and meet with the other parent, according to the court-approved visitation schedule).
West Virginia courts are also concerned about the fairness of their orders regarding both parents. For example, the gender of the parents does not impact the judgment. Thus, both men and women have equal rights to become primary custodians.
Uncontested Divorce
Since the West Virginia law allows a no-fault divorce, obtaining an uncontested divorce is simpler than in the past. An uncontested or amicable divorce is when both parties agree on critical terms.
These terms include:
property division (money in bank accounts, real estate, vehicles, debts, etc.)
child custody and visitation
alimony
insurance, etc.
After the spouses resolve these issues (on their own or with a divorce mediator’s help), they can conclude a mutual settlement agreement and file it with other initial papers with the local family court.
The packet of forms differs depending on the circumstances and isn’t always easy to collect. Luckily, there is a simple and fast way to obtain the necessary legal paperwork - Divorce.com.
This online service will generate and complete the court-required forms in two business days. In addition, each divorcee will receive a written guide with step-by-step filing instructions. So, starting a divorce with Divoce.com will be smooth and effortless.
Support Basics
West Virginia courts must determine and order child support for minor children in every divorce action. The amount of child support should include medical coverage, food, transportation, clothing, etc.
West Virginia uses the Income Shares Model just like many other states which means that the amount of support is calculated using the combined adjusted gross income and the number of children. Then, this financial obligation is divided between the parents proportionally to their income.
Child support payments end when the child reaches 18. However, they may continue if the child attends secondary school full-time, is unmarried, and lives with a parent. Also, child support continues for children with disabilities, even after they come of age.
