File Your Divorce Now
Before you file your divorce without an attorney in West Virginia, the spouse who his filing must have lived in the state as a resident for at least one year. However, if the marriage was performed in-state and at least one party lives in the state, there is no residency requirement.
There are two no-fault grounds for divorce in West Virginia—irreconcilable differences and “living apart and separate without cohabitation” for at least one year.
There are at-fault grounds options in West Virginia which include adultery, alcoholism, substance abuse, cruelty, abandonment for at least six months and potentially other events.
In a contested case, costs presume that the child’s primary physical caregiver and primary parent will be awarded custody. However, it is possible for either parent to be awarded custody and there is no gender bias in custody decisions. If it is in the best interests of the children, the courts will approve agreements reached by the parents.
West Virginia has child support guidelines in place that will apply in almost every case. If there are exceptional circumstances present, they may be overridden. In most instances, both parents’ income, as well as child-related expenses, are considered when child support obligations are calculated. Child support is expected to continue until a child reaches age 18 and then may extend until a child completes secondary education in some situations.
Divorce is to be filed in West Virginia in the county in which the couple last cohabited if the defending party is considered to be a resident of the state. If the filer wishes, the divorce may also be filed in the county in which the defendant resides. If the defendant is not a resident of West Virginia, the divorce should be presented in either the county in which the petitioner lives or the county in which they last lived together.
Mediation may be recommended or referred for the parties for any issue regarding parental responsibility, visitation, primary residence, and child support. Negotiation may make a case uncontested rather than contested, allowing for a quick, easy, online divorce.
Local filing fees are charged in addition to those charged by BuyDivorcePapers.com. These costs do vary from county to county. You can check with your local courthouse to find out the exact charges before you file for divorce.