West Virginia Divorce: What You Need to Know

Divorce is a legal process that leads to the termination of a marriage contract in West Virginia. When it comes to divorce in West Virginia, couples must file in the Family Court of the county where either spouse resides.

How Does Divorce Work in West Virginia?

In West Virginia, one spouse must have lived in the state for at least one year before they file for divorce. The venue for divorce depends on the location of the other spouse, known as the respondent.

West Virginia allows both no-fault and fault-based grounds for divorce. The grounds for a no-fault divorce are irreconcilable differences or living separately for one year without cohabitation. On the other hand, fault-based grounds for divorce include adultery, cruelty, abandonment, felony conviction, alcoholism/drug addiction, or abuse. Although it is not required for a plaintiff to prove fault to obtain a divorce, it can influence decisions regarding child custody, alimony, or property division.

During the divorce complaint, the plaintiff may file a motion for temporary relief. The judge will hold a hearing with both spouses to decide what specific temporary relief will be granted. Spouses may obtain the result of their divorce as soon as possible, but some cases may take several months due to hearings and trials.

Types of Divorce in West Virginia

In West Virginia, it is important for spouses to understand the various options available to them concerning divorce cases. They may choose any of the following:

• Uncontested divorce: This type of divorce involves mutual consent, where both spouses agree on issues such as custody, property division, and support. These are quicker, less costly, and often finalized with limited hearings.
• Contested divorce: This type of divorce involves mediation and extensive litigation to resolve all disputed issues. These cases may take longer to resolve, and they are more expensive.

West Virginia Divorce Court Process and Forms

To file for divorce in West Virginia, a spouse must contact the Family Court of the county where either spouse lives. The process begins when one spouse, the petitioner, files a Petition for Divorce with the clerk of the Family Court. Other important documents are required by law to be submitted with the complaints. These include the Vital Statistics Form, Financial Statement, settlement agreement, Parenting Plan, and Child Support Worksheets (if applicable to children).

The other spouse, referred to as the respondent, has a right to receive a copy of the petition and summons filed by the plaintiff. The papers may be served by a sheriff or sent by certified mail. The respondent has 20 days to file an answer to the petition. The spouses must declare their financial assets, debts, income, and expenses to each other. Spouses are required to complete a Parent Education Class when children are involved, before the divorce process is finalized.

Sometimes, a judge may order mediation to resolve issues that include child custody or property division. Otherwise, the case goes to multiple hearings or a trial. The divorce is considered complete when the judge signs a Final Decree or Order, which ends the marriage and determines the division of property, child support, and alimony.

City- and County-Level Filing Details

Spouses in the cities must file for divorce cases in West Virginia at the Family Courts in their county. Here are details of some Family Courts in the state’s largest counties:

• Kanawha County (Charleston):
  • Courthouse: Kanawha County Family Court, 111 Court Street, Charleston, WV 25301.
  • Services: Filing instructions are available to the public.
• Monongalia County (Morgantown):
  • Courthouse: Monongalia County Family Court, 75 High Street, Morgantown, WV 26505.
  • Services: The court provides self-help packets to the public.
• Berkeley County (Martinsburg):
  • Courthouse: Berkeley County Family Court, 380 W. South Street, Martinsburg, WV 25401.
  • Services: The clerk provides divorce forms to the spouses.
• Cabell County (Huntington):
  • Courthouse: Cabell County Family Court, 750 5th Avenue, Huntington, WV 25701.
  • Services: The clerk provides filing assistance to the couples.
• Wood County (Parkersburg):
  • Courthouse: Wood County Family Court, 1 Court Square, Parkersburg, WV 26101.
  • Services: Online forms and filing instructions are available to the public.

How to Search for Divorce Records in West Virginia

Although divorce records in West Virginia are considered public, certain case details, including Social Security numbers, financial accounts, and minor children’s details, are redacted. Parties may access divorce records from the office of the Clerk of the Circuit Court (Family Court Division) in the county where the divorce was finalized. They may search for the divorce records online through the West Virginia Judiciary Branch’s Case Search Portal. The West Virginia Department of Health and Human Resources, Vital Registration Office, issues certified copies of divorce records for a fee.

Key Points

• Divorce cases in West Virginia are filed in the Family Court of the county where either spouse resides.
• It is important to fulfill residency requirements and know the grounds for divorce.
• Spouses with children are required to attend parenting education classes, and mediation is often used to resolve disputes.
• Since divorce records are public, interested parties may search an online portal or contact the county circuit clerks as well as the Vital Registration Office.