West Virginia Divorce Forms and Papers

Select the West Virginia divorce forms below that best suits your needs. We offer instant downloadable West Virginia divorce kits that include step by step attorney authored divorce guides to help you fill out and file your divorce throughout West Virginia.

It is our goal to help more West Virginians avoid high cost divorce attorney fees by offering do it yourself West Virginia divorce solutions that give you everything you need to file your uncontested or no fault divorce in West Virginia with simplicity and ease. To get started select your West Virginia Divorce form package below and start your download today.

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Select The West Virginia Divorce Kit That Best Suits Your Needs

Download All The West Virginia Divorce Forms You Need to File For Divorce in West Virginia When You Have NO Children.

Download All The West Virginia Divorce Forms You Need to File For Divorce in West Virginia When You DO Have Children.

West Virginia Residency Requirements For Divorce

The filing spouse must be a resident of West Virginia for at least one year. However, if the marriage was performed in state, and one party resides in the state, there is no time-limit.

Grounds For Divorce In West Virginia

The no-fault grounds for divorce in West Virginia are:

• irreconcilable differences;
• living separate and apart without cohabitation and without interruption for one year.

• adultery;
• abandonment for six months;
• alcoholism / substance abuse;
• cruel and inhuman treatment.

West Virginia Child Custody

Although either parent may be awarded Custody, and while there is no gender-based bias favoring either parent, there is a presumption that the parent who has been the child's primary physical caretaker will be awarded Custody in a contested case. The court will approve an agreement concerning Custody reached by the parents, if it appears to be in the children's best interest.

West Virginia Child Support GuideLines

West Virginia has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue

An action for divorce in West Virginia shall be brought in the county in which the parties last cohabited, if the defendant is a resident of the state. Or at the option of the plaintiff, the action may be initiated in the county in which the defendant resides. If the defendant is not a resident then the action shall be brought in either the county in which the plaintiff resides, or in the county in which the parties last cohabited.

Mediation

In any proceeding in which the issues of parental responsibility, primary residence, visitation, or support of a child are contested, the court may refer the parties to mediation.