Uncontested Divorce in West Virginia

Divorce is a very stressful topic that consumes a large amount of time and money. If the divorcing couple opts for an uncontested divorce procedure, then this expense of money and time can be reduced. Moreover, all the decisions regarding the future can be taken by the divorcing couple, rather than listening to the orders of the court.

Grounds for Uncontested Divorce in West Virginia

Fault grounds

• Habitual intemperance.
• Willful neglect of a child or the partner.
• Inhuman and cruel treatment as well as false accusations of homosexuality or adultery.
• Conviction of a felony.
• Reasonable fear of or actual physical abuse of a child or a partner.
• Incurable insanity leading to confinement for 3 years.
• Drug addiction and / or Alcoholism.
• Abandonment for 6 months.
• Adultery.

No-fault grounds

• The divorcing partners have resided apart and separate in the absence of cohabitation for one year.
• Irreconcilable differences amongst the divorcing partners.

Residency requirements for Uncontested Divorce in West Virginia

Immediately before the filing date, if one of the divorcing partners has been a resident of this state for minimum one year, then it is permissible to file for a divorce. However, if the marriage of the divorcing couple has taken place in this state, then, the residency requirement does not have any time limit.

The divorce may be filed in one of the following counties.

• The county wherein the divorcing couple last resided.
• If the Defendant is a resident of this state, then, the county in which the Defendant resides is selected.
• If the Defendant is not a resident of this state, then, the county where the Plaintiff resides is chosen.

Forms to be filed

• SCA-FC-101 (The Petition for Divorce): This form intimates the court the reasons why the divorce must be granted. The Petitioner enters all details regarding the division of property, child custody, child support and spousal support.

• SCA-FC-104 (The Vital Statistics Form): This document is meant for the state records of divorces, marriages, deaths and births.

• SCA-FC-106 (Financial Statement): Both the divorcing partners have to fill this form. It is a profile of the liabilities and assets of both divorcing partners inclusive of their marital property.

• SCA-FC-103 (Civil Case Information Statement for Domestic Relations): The divorcing parties submit their information to the court through this form.

If the divorce involves issues like spousal support or minor children, then the Petitioner must also file the following forms.

• A Parent Education Notice: This form explains both the divorcing parents that a Parent Education Class must be completed.

• A Proposed Parenting Plan: This document is an outline of the terms and conditions of visitation and custody. During the negotiations of divorce, this plan may be altered.

• SCA-FC-113 (A Bureau for Child Support Enforcement Application and Income Withholding Form): This form is used in the following two cases.
  • If either divorcing partner requests for spousal support.
  • If minor children are involved in the divorce.
  Along with the Respondent’s Answer to the Petition, the Respondent files this form also.

Divorce Papers