The Petition for Divorce is the document by which you are asking the court to grant your divorce along with any other relief requested.
West Virginia Petition for Divorce - with or without children
State:
West Virginia
Control #:
WV-SCA-FC-101
Format:
PDF
Instant download
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Description
How to fill out West Virginia Petition For Divorce - With Or Without Children?
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FAQ
You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first.This means the reason for the divorce doesn't matter.
There is one advantage to being the one to file the divorce. The person who files the divorce, under the code of civil procedure, is called the plaintiff and the other party is called the defendant.Another advantage to being a plaintiff is the way a non-suit is handled under the code of civil procedure.
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.
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.If the matter should go to a hearing, the person who files the petition usually presents his or her case 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.
When you get divorced, community property is generally divided equally between the spouses, while each spouse gets to keep his or her separate property. Equitable distribution: In all other states, assets and earnings accumulated during marriages are divided equitably (fairly) but not necessarily equally.
In a divorce process where the other party is not in agreement or has a conflict that still exists, he or she may contest the divorce proceeding. In some of these situations, the child custody matter may wait until the more important immediate concerns are taken care of through mediation.
In the state of California, you and your former spouse must go through a series of processes in order to successfully file for a divorce. From start to finish, the divorce process in the Golden State can take at least six months even if both parties agree to the dissolution immediately.
No. Even if your spouse refuses to sign any documents, the court can grant a divorce order. But you must prove your spouse was served according to the rules.