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We offer a 100% guarantee that the documents provided will be accepted by the West Virginia courts to finalize your divorce.

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West Virginia Divorce Laws

West Virginia Residency Requirements
In an action for divorce at least one of the spouses must have been a resident of the state for at least 1 year, except if the marriage took place in West Virginia, the 1 year residency requirement is waived. The divorce shall be filed as follows: (a) If the respondent in an action for divorce is a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the respondent resides. (b) If the respondent in an action for divorce is not a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the petitioner resides. (West Virginia Code - Sections: 48-5-201)
West Virginia Divorce Grounds:
(1) the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties. (b) Irreconcilable differences between the two parties. (West Virginia Code - Sections: 48-5-202 and 48-5-209)
West Virginia Property and Debt Division
The court shall divide the marital property of the parties equitably between the parties after a consideration of the following: (A) The extent to which each party has contributed to the acquisition, preservation and maintenance, or increase in value of marital property by monetary contributions; (B) The extent to which each party has contributed to the acquisition, preservation and maintenance or increase in value of marital property by nonmonetary contributions; (C) The extent to which each party expended his or her efforts during the marriage in a manner which limited or decreased such party's income-earning ability or increased the income-earning ability of the other party; (D) The extent to which each party, during the marriage, may have conducted himself or herself so as to dissipate or depreciate the value of the marital property of the parties. The court may award the exclusive use and occupancy of the marital home to a party. An order granting use and occupancy of the marital home shall include the use of any necessary household goods, furniture and furnishings. The order shall establish a definite period for the use and occupancy, ending at a specific time set forth in the order, subject to modification upon the petition of either party. Fault or marital misconduct shall not be considered by the court in determining the proper distribution of marital property. (West Virginia Code - Sections: 48-5-604, 48-5-612, 48-7-101)
West Virginia Spousal Support, Maintenance, or Alimony:
The court shall consider the following factors in determining the amount of spousal support to ordered in lieu of any signed separation agreement: (A) The length of time the parties were married; (B) The period of time during the marriage when the parties actually lived together as husband and wife; (C) The present employment income and other recurring earnings of each party from any source; (D) The income-earning abilities of each of the parties, based upon such factors as educational background, training, employment skills, work experience, length of absence from the job market and custodial responsibilities for children; (E) The distribution of marital property to be made under the terms of a separation agreement or by the court (F) The ages and the physical, mental and emotional condition of each party; (G) The educational qualifications of each party; (H) Whether either party has foregone or postponed economic, education or employment opportunities during the course of the marriage; (I) The standard of living established during the marriage; (J) The likelihood that the party seeking spousal support, child support or separate maintenance can substantially increase his or her income-earning abilities within a reasonable time by acquiring additional education or training; (K) Any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party; (L) The anticipated expense of obtaining the education and training described in subdivision (M) above; (N) The costs of educating minor children; (O) The costs of providing health care for each of the parties and their minor children; (P) The tax consequences to each party; (Q) The extent to which it would be inappropriate for a party, because said party will be the custodian of a minor child or children, to seek employment outside the home; (R) The financial need of each party; (S) The legal obligations of each party to support himself or herself and to support any other person; (T) Costs and care associated with a minor or adult child's physical or mental disabilities; and (U) Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable grant of spousal support, child support or separate maintenance. (West Virginia Code - Sections: 48-6-301, 48-8-104)
West Virginia Custody and Visitation:
The primary objective of the court is to serve the child's best interests, by facilitating: (A) Stability of the child; (B) Parental planning and agreement about the child's custodial arrangements and upbringing; (C) Continuity of existing parent-child attachments; (D) Meaningful contact between a child and each parent; (E) Caretaking relationships by adults who love the child, know how to provide for the child's needs, and who place a high priority on doing so; (F) Security from exposure to physical or emotional harm; and (G) Expeditious, predictable decision-making and avoidance of prolonged uncertainty respecting arrangements for the child's care and control. (West Virginia Code - Sections: 48-9-102, 48-9-201, 48-11-201)
West Virginia Child Support:
The court will deviate from these guidelines if appropriate by considering the following factors: (A) Special needs of the child or support obligor, including, but not limited to, the special needs of a minor or adult child who is physically or mentally disabled; (B) Educational expenses for the child or the parent (i.e. those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or costs beyond state and local tax contributions); (C) Families with more than six children; (D) Long distance visitation costs; (E) The child resides with third party; (F) The needs of another child or children to whom the obligor owes a duty of support; (G) The extent to which the obligor's income depends on nonrecurring or non-guaranteed income; or (H) Whether the total of spousal support, child support and child care costs subtracted from an obligor's income reduces that income to less than the Federal Poverty Level. (West Virginia Code - Sections: 48-13-301, 48-13-702

West Virginia Common Questions

How Do I Know if I Should File in West Virginia?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.

If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.

If you are in the military and are stationed overseas, you would typically file in your home residency state.

Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the West Virginia Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in West Virginia?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in West Virginia?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in West Virginia?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.

West Virginia Divorce Forms

This is a partial list of the West Virginia divorce forms you will receive with your West Virginia 3StepDivorceTM Premium Online Divorce account. Each state has unique forms and requirements for filing for a divorce, which is why we provide West Virginia specific forms and filing procedures.

West Virginia Forms: Our question and answer technology will allow you to easily complete your Alaska divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.

West Virginia Divorce Forms List
(divorce forms delivered through the system may vary on a case-by-case basis depending on whether or not you have children)
  • West Virginia Filing Procedures
  • Civil Case Information Statement
  • Summons
  • Acceptance of Service
  • Affidavit of Non-Residency (Only If Respondent Lives Outside WV)
  • Petition for Divorce
  • Verification
  • Marital Settlement Agreement
  • Schedule for Visitation/Parenting Time of Minor Children
  • Financial Statement (Petitioner)
  • Financial Statement (Respondent)
  • Child Support Worksheet A: Sole Physical Custody
  • Child Support Worksheet B: Shared Physical Custody
  • Child Support Schedule
  • Affidavit Regarding the Children
  • Application and Income Withholding Form (Petitioner)
  • Application and Income Withholding Form (Respondent)
  • Answer (to Petition)
  • Decree of Divorce
  • Information Requested by Vital Statistics Form
A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court

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This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the State of West Virginia. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.

With 3StepDivorceTM you will complete and instantly print your divorce forms (including a marital settlement agreement), and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy.


3StepDivorceTM is a premium online divorce solution provided by Divorce Source, Inc., the owner and operator of the Divorce Source Network, the web's largest and most visited divorce resource since 1997.


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Provided by Divorce Source (online since 1997) Over 500,000 forms processed. Have your completed documents within 1 hour (with or without children) Instantly print your documents (free delivery by US Priority Mail is also available). Instantly make changes (gives you full control, the way it should be!) All required divorce documents ready for signing.
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(over 10 years of it!)
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Instantly View, Edit & Print Your West Virginia Forms Online.

“ This service was easy to use and very user friendly. All information was self explanatory. ”
- Karen S., West Virginia
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A Streamlined Process for Doing Your Own West Virginia Divorce.

“ My experience with Premium Divorce Services was excellent. Not only did I get all the forms I needed but they came with detailed instructions. Everything fell right into place and the process went well. The Judge even commented on how neat things were. After going into court, I was in front of the Judge a maximum of four minutes! Wow, I was surprised even after preparing for whatever questions he might have. Thanks again for such a nice, complete and reasonably priced divorce. I would recommend this to anyone. ”
- Dave M., Texas
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(over 10 years of it!)

“ I was really pleased with the services your company provided. It really helped me organize my paperwork and helped point me in the right direction. It saved me a ton of money on lawyer fees. I would highly recommend your service and website to anyone who needed help with their divorce. ”
- Mark M., Wisconsin
5 Stars

All the Required West Virginia Forms With Step-by-Step Filing Procedures.

“ Great service! Our divorce was very friendly and simple, but we are in different areas of the country, so this was easy to use because both of us could access it and update it. Plus it saved us about $2000! Thanks for providing the service and the help with our questions. ”
- David H., California
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Easy to Use and Understand from Start-to-Finish.

“ Your service was wonderful! It was so helpful during a difficult time. The site was intelligent, easy to navigate and the divorce went through flawlessly and easily. The information supplied was well thought out, easy to understand and thorough! The forms supplied were quick and easy to fill out....very stress and anxiety free. Any questions that I had during the process were easily answered by visiting the site. Thank you so much for your wonderful service! I would recommend it to anyone who would find themselves in that difficult situation. ”
- Lynda V., Michigan
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Disclaimer: This is a quality non-lawyer self-help divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. Divorce Source, Inc. does not practice law and does not give out legal advice. This software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more.
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