What is the process for filing a divorce?

Filing for a divorce in West Virginia is a complex process that must be done properly in order to ensure your rights and interests are respected throughout the divorce proceedings. The first step is to determine if you meet the residency requirements for filing. In West Virginia, either you or your spouse must have been a resident of the state for at least one year prior to filing. If you meet this requirement, you can file for a Complaint for Divorce in the circuit court nearest you. Once the Complaint for Divorce is filed, your spouse will receive a copy of the filed paperwork and a summons. They will then have a certain amount of time, typically 30 days, to respond to this complaint. If they do not respond within this time frame, the divorce will be considered uncontested and you may be able to get your divorce without ever having to appear in court. If the divorce is contested, then the court may order mediation or a hearing to work out any dispute. The court may also order child support or alimony payments, or divide up joint assets and debts. Once both parties have agreed on all the necessary components, a Final Decree of Divorce is prepared and submitted to the court. If the court approves this decree, it is signed and recorded in the county clerk’s office. Once this is completed, the divorce is official and both parties may move on with their lives.

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What is the process for filing a divorce?

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