Find Legal Topics > Divorce Laws > Uncontested Divorce West Virginia

Uncontested Divorce West Virginia


Uncontested Divorce West Virginia Guide

What Is an Uncontested Divorce West Virginia?

Uncontested divorce West Virginia isn’t a legal term, so its meaning is fluid. The most helpful definition is any West Virginia divorce in which both parties agree on every term of divorce. A dispute regarding even the most minute matter may result in supervised arbitration and even a trial, so it is advisable to note how much money can be saved with an uncontested divorce West Virginia.

Who Can Get an Uncontested Divorce West Virginia?

Anyone filing for an uncontested divorce West Virginia must pass a residency test. One of the spouses, but not necessarily both, must have been a resident of the state for at least the year immediately prior to filing. However, if the marriage occurred in West Virginia, then the residency requirement is waived. 

The divorce should be filed in either the county in which the couple last lived or the county in which the non-petitioning spouse lives. If the non-petitioning spouse lives in another state, then filing may be done in the county of the petitioning spouse. 

West Virginia also has no-fault divorce laws, so irreconcilable differences are justification enough for an uncontested divorce West Virginia.

How Do I File for an Uncontested Divorce West Virginia?

The legal process is much simplified in cases of uncontested divorce West Virginia. At first, the petitioning spouse will simply file a The Petition for Divorce. 

The other spouse will then reply with an Answer which agrees that the marriage has collapsed and cannot be saved. This answer verifies “Service” of the original complaint upon the other spouse.

From there, a hearing can be made with the court. A judge will listen to the petitioning party describe why divorce is deemed necessary and what the terms of settlement are. If the judge deems these terms fair, then the uncontested divorce West Virginia will be finalized.

What Forms Will I Need to File for the Hearing?

There is no shortage of forms that you’ll need to fill out before your uncontested divorce West Virginia will be on the books, so it’s important that you keep them all straight. Here is a list of the forms you’ll need to bring, completed, to your court hearing:

• Form SCA-FC-101, The Petition for Divorce, as filled out for the initial petitioning;

• Form SCA-FC-103, Civil Case Information Statement for Domestic Relations, stating personal information regarding the parties involved;

• Form SCA-FC-106, Financial Statement, necessary to be filled out by each individual spouse detailing their income and savings;

• Form SCA-FC-104, The Vital Statistics Sheet, used for record keeping purposes;

• Form SCA-FC-113, The Bureau for Child Support Enforcement Application and Income Withholding Form (if a minor child is involved), entering the case into the Bureau’s files;

• A Proposed Parenting Plan (if a minor child is involved), detailing terms of custody and support;

• A Parent Education Notice (if a minor child is involved), ordering parents to have attended an education course regarding their uncontested divorce West Virginia prior to the hearing for divorce.

Related Topics