West Virginia Divorce Procedures
Prior to embarking on the route of the divorce procedure in this state, it must be ensured that one of the divorcing partners must be a resident of West Virginia. Moreover, this resident must have stayed in this state for minimum 1 year immediately prior to the filing date. However, this rule does not apply in the following conditions.
- If the divorcing couple were married in this state, then 1 year residency is not mandatory
- If adultery is the ground of divorce, then 1 year residency is not compulsory
Steps in West Virginia Divorce Procedure
- The Petition for divorce is made complete with data like information about parties, a request for certain relief and the ground for divorce.
- The completed Petition is filed in the court.
- A copy of the Petition and the Summons is served to the Respondent.
- It is expected that the Respondent would file an Answer (Written Response) to the petition within 20 days.
- The Family Court Judge oversees a temporary hearing in case one or both of the divorcing partners desires temporary relief.
- In case the divorcing couple has minor children, it is essential as per the law that they must complete a parent education class before the date of the final hearing.
- If there are minor children, the divorcing partners are expected to submit a parenting plan to the court dedicated to how they plan to share parenting (decision-making responsibility and custodial time).
- When it is detected that the divorcing partners have failed to draft a parenting plan, they are asked to undergo mediation. However, some of the parties may have a history of domestic violence. Due to this or other circumstances, it may be impossible for the partners to proceed with mediation.
- When neither a parenting plan development has taken place nor mediation is possible or mediation has not resulted in an agreement, then, the court takes the reins in its own hands.
- The divorcing partners must procure and complete a financial statement form that is available in the circuit clerk’s office. This form details the income, debts and property of the parties.
- The time span for filing the financial statement form is as follows
- Within forty days after the date of service of the Petition
- At the most five days prior to the hearing
- Each divorcing partner must serve the financial statement to the other partner.
- The final hearing on the docket of the Family Court Judge is categorized into a contested hearing (all or some issues are in conflict and the court would resolve them) or an uncontested hearing (the partners have reached a mutual agreement regarding all the divorce issues).
- At the end of the hearing, the Family Court Judge makes findings of fact and issues a final order.
- It may happen that one or both divorcing partners have any objection regarding the final order. The solution is that the divorcing partner may make an appeal to one of the following
- West Virginia Supreme Court of Appeals (In order to make this appeal, both the divorcing partners must accede to do so and must do so within 14 days of the entry of the final order)
- Circuit Court (This appeal must be done within 30 days after the issue of the final order)
- During the procedure of appeal, the circuit judge reconsiders whether the order, conclusions and findings are in compliance with the divorce law and are endorsed by the proofs submitted.
- If an appeal is not filed, the final order is entered in the court records and the divorce is deemed final.
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