Wv divorce how long does it take

However, you don't have to hire a process server or pay the court to send the papers by certified mail if your spouse signs a notarized "Acceptance of Service" form after receiving a copy of the forms from you or by picking them up at the clerk's office.

You must file this signed form, either with your original packet of forms or soon afterwards. Rules of Prac. Even in an uncontested divorce in West Virginia, the spouse who's the respondent still should complete and file an answer to the divorce petition, along with a financial statement and other required forms.

The answer should reflect the provisions in your settlement agreement and in the petition. File the answer in the same court where the petition was filed, and serve the petitioner with the forms.

There's no fee for filing an answer to a divorce petition in West Virginia, but the court may require both spouses to share the filing fee for the petition. The petitioner could request a default divorce if the respondent doesn't file an answer within 20 days after receiving service of the summons and petition, but you should consider that default divorces have risks for both spouses. Even in uncontested divorces where the spouses have agreed on child custody and child support, West Virginia requires all divorcing couples with minor children to complete an approved parent education course, unless a judge decides that it's not necessary.

You must file a class completion certification in the court clerk's office. The family court will schedule a hearing in your case at some point after the end of the day period for filing an answer to the petition, and after you've completed the parent education class. The hearing may be by videoconference or telephone. In uncontested divorces, the first hearing in your case will typically be the only hearing. Generally, both spouses should attend the hearing. The judge will review your paperwork and settlement agreement, with particular focus on your parenting plan.

The court will approve your agreement and incorporate it into the final order, unless the judge finds that:. After approving your agreement and other paperwork, the judge will sign your final order of divorce. Once you receive a signed copy of the order, you'll know that your divorce is final.

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In West Virginia, you can get a no-fault divorce or a fault-based divorce. A no-fault divorce is when you file for divorce without saying that your spouse is responsible for the end of the marriage because:. Brown , W. Gallagher, W. Smith , W. Alimony, called spousal support in West Virginia, is financial support paid by, or to, your spouse. A requirement for your spouse to pay spousal support can come from:. Note: You can only receive spousal support in West Virginia if you and your spouse do not live together.

Judges may consider many different factors when determining whether to order spousal support and how much spousal support to order. The amount of spousal support is generally up to the judge, and, unlike many other states, the judge does not rely on a set formula or list of factors.

The most common other factors a judge may choose to consider are:. Rose, W. Banker , W. Driver, W. Porter , W. Third, you must file divorce papers and have copies sent to your spouse. To learn more about filing a summons, preparing a petition, and service of process, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.

Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side.

You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.

Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings. Custody may also be decided as part of your divorce. Smaller, more rural regions may have one family court judge to cover several small counties.

The judge you have depends on where you file for divorce. Click here to see the Family Court map. There are many complicated rules that say when and whether a WV Family Court Judge can decide child custody.

In general, though, the children have to live in West Virginia for at least six months before the case is filed for the judge to decide a child custody dispute in the divorce case. The Circuit Clerk handles all the paperwork for the Family Court. Living together while filing for a fault-based divorce may cause some difficulties for your case f or example, Adultery, Drug Abuse, Cruelty, etc. Fault-based divorce cases.

If it was condoned in this way , then the bad conduct cannot be the basis for a divorce. However, if the bad conduct is repeated and not condoned again, then it can be the basis for a divorce.