To Download our
West Virginia Divorce Forms start by clicking the image of West Virginia to your right. There you will be able to download all of the forms and step by step guides needed to easily file for a divorce in West Virginia. All of our
Divorce documents are West Virginia family law court approved, guaranteed!
West Virginia Divorce terms and procedures are unique, as are all state by state divorce procedures, so please be sure to review them prior to
ordering your Divorce Forms
We Look Forward To Our Forms Helping You.
If you meet the West Virginia State requirements for Divorce please proceed to order your divorce documents.
West Virginia Residency Requirements
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.
The some of the fault based grounds in west Virginia are:
- 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.
Child Support
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 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.
If you meet the West Virginia State requirements for Divorce please proceed to order your divorce documents.
