The West Virginia Petition for Divorce is a legal document filed with the court in order to initiate the divorce process. It is used to request a divorce from the court and must include the grounds for divorce, information about the parties, and any other relevant documentation. The two types of West Virginia Petition for Divorce are fault-based and no-fault. Fault-based divorces require the petitioner to prove that their spouse is at fault for the breakdown of the marriage, while no-fault divorces do not require the petitioner to prove fault but instead simply state that there are irreconcilable differences between the parties. Both types of petitions must include the spouses' names, addresses, and other information such as the date of marriage, the length of the marriage, and any children of the marriage. The petitioner must also provide a detailed statement of the facts and circumstances leading up to the filing of the petition.
West Virginia Petition for Divorce
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How to fill out West Virginia Petition For Divorce?
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FAQ
The process for getting a divorce and acceptible grounds for divorce vary from state to state. In West Virginia, a divorce can be completed on average in a minimum of 360 days, with court fees of $135.00.
The following fees are due at the time you file your divorce. Fee for filing Divorce Petition - $135. Fee if your Petition is served on the Respondent by the Sheriff's Department - $25. Fee if your Petition is served on the Respondent by certified mail/restricted delivery - $20.
You can get the forms in any circuit clerk's office. The circuit clerk office is in the county courthouse. You may have to pay a small fee at the circuit clerk's office if you pick the papers up there. If you cannot afford the fee, you can call Legal Aid and we will mail them to you for free.
Is there a required time of separation before I can file a divorce? There is no separation requirement before divorce EXCEPT for divorces on ?One Year Separation.? However, every divorce petition must give the date the spouses ?last lived together.? The ?period of separation? can be important in a variety of ways.
Your spouse will have a protected answer period, to give them time to decide how they want to respond. The period is 20 days if you obtain ?personal service? on them. Otherwise the protected period will be 30 days. During that protected period you and the Court must wait for your spouse.
How long is the waiting period to get a divorce? West Virginia requires that you wait at least 20 days before a divorce can be completed.
The easiest way to divorce in West Virginia is by agreeing to divorce due to "irreconcilable differences." Every state has its own rules and procedures for filing a divorce. Here's what you need to know to get started with your West Virginia divorce (also called an "absolute divorce").