WEST VIRGINIA DIVORCE PAPERS WITH EXPLANATIONS

The documents listed below are the primary documents for a West Virginia uncontested divorce. You will notice that some of the documents apply with children. If you do not have minor children, these documents are typically not required.

Understanding the West Virginia Divorce Papers:

• Civil Case Information Statement: SCA-FC-103. A two-page form, the Civil Case Information Statement for Domestic Relations gives the court information about the spouses, their children, the type of action and whether either party seeks alimony or child support. Typically placed in the front of the case file for easy reference by the clerks and judge.
• Summons: The summons informs the respondent that he or she has been sued for divorce.
• Acceptance of Service: SCA-FC-105. A respondent who agrees signs the acceptance and waives formal service of the process.
• Affidavit of Non-Residency (Only If respondent Lives Outside WV): This form is used if the respondent cannot be served in West Virginia because the address is not known, or if the respondent lives out of state. The petitioner signs it in front of a notary public or deputy circuit clerk.
• Petition for Divorce: SCA-FC-101. A seven-page form filed by the petitioner, the petition for divorce tells the court the reasons the divorce should be granted and details how the petitioner wants to handle such matters as spousal support, custody of children and their support and division of property. It contains a verification as to the facts, and it must be notarized.
• Verification: SCA-FC-102. A one-page form signed by the petitioner, the verification attests to the truth of "facts and allegations" made in the petition. The verification must also be notarized.
• Marital Settlement Agreement: This agreement entered into between a husband and a wife establishes the terms and conditions of their divorce and resolving such matters as property division as well as custody, visitation and child support, if applicable.
• Schedule for Possession of Minor Children: This schedule shows the visitation and parenting time routine for the noncustodial parent.
• Financial Statement (Petitioner): This form profiles the income and expenses of the petitioner.
• Financial Affidavit (Respondent): This form profiles the income and expenses of the respondent.
• Child Support Worksheet A: Sole Physical Custody. Parents use worksheet in cases of sole custody. Sole custody means one parent has primary physical custody of the child(ren).
• Child Support Worksheet B: Shared Physical Custody. Parents use this worksheet if each has an extended, shared-parent custody arrangement, which means each parent has the child for more than 35 percent of the year.
• Child Support Schedule: This schedule shows the basic child support amount each parent is expected to pay based on the number of children and both parents' adjusted gross income with adjustments, for example, the parent providing health insurance.
• Affidavit Regarding the Children: This Affidavit Regarding Minor Children is required for all legal decision making (custody) cases.
• Application and Income Withholding Form (Petitioner): SCA-FC-113. A two-page form, the Bureau for Child Support Enforcement Application and Income Withholding Form must be filed by both spouses if either one requests spousal support of if minor children are involved in the action.
• Application and Income Withholding Form (Respondent): BCSE Application and Income Withholding Form (SCA-FC-113) A two-page form, the Bureau for Child Support Enforcement Application and Income Withholding Form must be filed by both spouses if either one requests spousal support of if minor children are involved in the action.
• Answer (to Petition): SCA-FC-108. When a Respondent disputes the facts or allegations in the Petition, he or she files an Answer, a five-page form. The Answer, which must be verified, notarized and requires a certificate of service, is a counterclaim to the Divorce Petition.
• Decree of Divorce: This court order ends the marriage.
• Information Requested by Vital Statistics Form: SCA-FC-104. This one-page form is used to record the divorce for the Division of Vital Statistics.