West Virginia Divorce Laws

West Virginia divorce laws for people considering a West Virginia divorce or filing a West Virginia divorce with issues to be resolved about child custody, child support, visitation and alimony.   West Virginia codes can be viewed at  http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=48&art=5#05   Statutes cover but are not limited to the following subjects:

•Divorce Definitions

•Divorce Residency Requirements

•Grounds for Divorce

•Uncontested Divorce

•Simplified Divorce Process

•Military Divorce Laws

•Child Custody

•Child Support Considerations

•Child Support Definitions

•Child Support Guidelines

•Spousal Support, Maintenance, and Alimony guidelines

•Property Division Considerations

•Grandparents’ Rights

West Virginia Divorce Definitions

These definitions will help you understand some unique characteristics to the West Virginia Divorce laws, process and paperwork which is filed with the court.

Filing Party Title: Petitioner -The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title: Respondent -The spouse who does not initiate the Divorce with the court.

Court Name: Circuit Court of ____ County, West Virginia -The proper name of the court in which a Divorce is filed in the state of West Virginia. Each jurisdictional court typically has a domestic relations or a family law department or division.

Child Support Enforcement Website:
http://www.wvdhhr.org/bcse -The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction: In Re the Marriage of:  The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document: Petition for Divorce -The title and name of the legal document that will initiate the West Virginia Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document: Decree of Divorce -The title and name of the legal document that will finalize the West Virginia Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name: Office of the Clerk of the County Circuit Court -The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation: The grounds for legal separation (separate maintenance) are the same as for divorce. One of the spouses must have been a resident of West Virginia for at least 1 year prior to filing for legal separation. [West Virginia Code; Section 48-5-501].

Property Distribution: Equitable Distribution -The applicable West Virginia law that will dictate how property and debt is to be divided upon Divorce.

West Virginia Divorce Resources -

West Virginia Specific Divorce Overview

West Virginia Specific Divorce Articles -

West Virginia Specific Divorce Documents -

West Virginia Specific Divorce Professionals -