These are the instructions for completing the West Virginia divorce forms for the petitioner (the party filing for divorce).
West Virginia Instructions for Completing Divorce Forms - Petitioner
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State:
West Virginia
Control #:
WV-SCA-FC-100
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PDF
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Description Wv Divorce Forms
How to fill out West Virginia Instructions For Completing Divorce Forms - Petitioner?
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FAQ
The name given to the spouse that files first for divorce is the Petitioner and the spouse that files second is called the Respondent. The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present his/her evidence first.
First, you must meet the residency requirements of the state in which you wish to file. Second, you must have grounds (a legally acceptable reason) to end your marriage. Third, you must file divorce papers and have copies sent to your spouse.
In a divorce case, the person who starts the court case by filing the petition is called the petitioner. The other spouse is called the respondent because that spouse can file a paper answering the petition that is called a response.
After you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse.
Filing Your Papers You will file your divorce papers with the Circuit Court by going to the clerk of court's office in the county or city where you and your spouse last lived together or where your spouse still lives. You may use Virginia's Circuit Court Civil Filing Fee Calculator to determine your exact filing fees.
In some cases it can affect Custody allocation. In some cases it can affect marital versus separate property. But there is no separation requirement before divorce EXCEPT for divorces on One Year Separation.
How long does a divorce take in West Virginia? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.
First, you must meet the residency requirements of the state in which you wish to file. Second, you must have grounds (a legally acceptable reason) to end your marriage. Third, you must file divorce papers and have copies sent to your spouse.
In West Virginia, a divorce can be completed on average in a minimum of 360 days, with court fees of $135.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in West Virginia for a minimum of twelve months.