![West Virginia Marital Settlement (Divorce) Agreement Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=3840&q=75)
A West Virginia marital settlement agreement is a legally binding document created by spouses to initiate the divorce process and enable the court to decide based on their agreement.
This document allows spouses to address important marital and family issues such as child support and custody, alimony, marital property division, and other matters.
The good thing is that couples can simply use a marital settlement agreement template and tailor it to their agreement. If there is no consensus between the spouses, which is the case with the contested divorce, they may consider hiring a mediator or even an attorney, although this entails additional costs.
Divorce Forms
Divorce forms are usually filed with the circuit clerk’s office in the county where the spouses last lived together or in the county where either the husband or wife currently lives. The filing fee is $135, and it typically takes 3 to 12 months to complete the process, depending on the complexity of each case.
Divorce Laws and Legal Requirements in West Virginia
The divorce laws and legal requirements in West Virginia are specified in Chapter 48 Domestic Relations of the West Virginia Code.
#1. Alimony
According to Chapter 48, Article 8 of the West Virginia Code, the divorce settlement agreement takes precedence when determining alimony, also known as spousal support. However, the court will decide on alimony payments if the spouses have not addressed alimony in this agreement.
Alimony can be permanent or temporary and may be paid periodically, as a lump sum, or a combination of both.
When determining the amount of alimony, the judge considers:
Which party is responsible for the divorce?
To what extent did each spouse’s behavior contribute to the marriage breakdown?
What is the income of one spouse?
What are the financial needs of the other spouse?
The court can revise the alimony decision if circumstances change.
#2. Child Support
Chapter 48, Article 11 states that the court may order either parent to pay child support in periodic installments from that parent's income. In West Virginia, children who are 18 years old can still receive child support if they are unmarried, living with a parent, and enrolled as full-time students.
Similar to alimony, a judge can adjust the support amount if there are significant changes in circumstances.
#3. Division of Property
Chapter 48, Article 7 specifies that the division of marital property will adhere to the terms outlined in the divorce settlement agreement, a procedure typically followed in uncontested divorces.
If the spouses disagree, the court will divide the property equally. The court may adjust the division if one spouse’s contribution to acquiring, preserving, or increasing the property’s value is more significant than the other spouse’s contribution.
#4. Grounds for Divorce
Chapter 48, Article 5 specifically lists the following grounds for divorce in West Virginia:
Irreconcilable differences
Voluntary separation of at least one year
Cruel or inhuman treatment
Adultery
Conviction of crime
Insanity
Alcohol abuse or drug addiction
Desertion
Child abuse
#5. Interim Support
The judge can order one spouse to pay the other a certain amount of money during the divorce process until it is finalized. This payment can be made monthly, as a lump sum, or as a combination of both.
The court makes this decision if it finds that one spouse cannot cover the costs of food, housing, bills, or other expenses on their own, and the other spouse has the financial ability to pay the amount decided by the court.
#6. Residency
According to Chapter 48, Article 5-105, if the couple is married within the state, one spouse must be a resident when filing for divorce. However, if they married outside the state, then one spouse must have lived within the state for at least one year before filing.
For adultery divorces, the spouse initiating the divorce must be a resident at the time of filing. If the other spouse cannot be served within the state, the filing spouse must have been a resident for at least one year before filing.
How to File For a Divorce in West Virginia in 7 Steps
Divorce is a formal procedure involving specific procedural requirements. Couples seeking a divorce should follow these seven steps to navigate the process and ensure a smooth legal procedure.
#1. Fill out the Divorce Form
The first step when starting the divorce procedure is submitting the divorce petition form. This form can be obtained at the circuit clerk's office (county courthouse), which may charge a small fee.
On the other hand, the spouses can download for free all divorce-related forms from the Supreme Court of Appeals of West Virginia website.
The divorce form covers all necessary sections, including the personal information of the spouses—the petitioner and respondent—the marriage details, the reason for divorce, children from the marriage, and the spouses` property. To ensure its validity, a notary public or deputy circuit clerk must notarize this form.
#2. Fill out Additional Court Forms
In addition to the divorce petition (complaint), the spouses also submit a Vital Statistics Form that presents general information about the spouses required for statistical purposes and a Civil Case Information Statement that contains information about the petitioner, the divorce complaint, and the ways of serving the respondent with divorce documents (via address or certified mail).
The spouses must also file a notarized Financial Statement that provides a detailed list of all their finances, including employment, income, bank accounts, property, loans, and debts.
If spouses have children, additional forms, such as a Child Support Income Withholding Form, Parent Education Registration Form, and Parenting Plan, are required.
An additional form for waiving court fees—the notarized Fee Waiver Form—can exempt the spouse from paying court costs if there is proof of an inability to cover the expenses.
#3. File the Forms With the Court
The next step after filing the divorce documents is submitting them to the court clerk. Along with the original documents, provide two copies of each. The original will stay with the court, and the copies are for the parties involved.
The divorce forms should be sent to the appropriate court clerk:
Either in the county where the spouses last lived together
Or where the respondent currently lives
Or in the petitioner`s county if the respondent is out of state
#4. Serve the Forms to the Spouse
Serving the forms to the spouse is a legal requirement that ensures that the other party is aware of the divorce proceedings. It implies officially informing the other spouse about the divorce by providing them with a copy of all the submitted documentation.
There are several ways to serve the documents, but handing them in is the fastest and simplest method. In this case, the other spouse needs to sign and notarize an Acceptance of Service form.
Alternatively, the documents can be served through a third party, in which case the serving person fills out and files an affidavit, swearing they served the papers.
Other options for serving the documents include paying for a professional service, having a sheriff serve the documents for a fee of $25, or sending the document via certified mail, which costs $20.
Service can also be completed through a court-approved publication if the spouse is out of state or unreachable.
#5. Wait for the Respondent's Answer
The respondent has a legal obligation to answer, and failing to do so can result in court penalties.
When the divorce documents were sent by personal service or via mail, the deadline for the respondent to file an answer is 20 days from receiving the divorce documents. In the case when the documents are published, the deadline for respondents to answer is 30 days.
The respondent needs to fill out, notarize, and file the document called Answer to Divorce Petition.
#6. File the Rest of the Forms
The number of documents required during the divorce mostly depends on whether the parties have children or any specific requests.
In this regard, the court will request that the parties file a Parent Education Registration Form before the first hearing. Parents use this form to schedule a parent education class, where they will be informed about how divorce affects children and how parents should approach their children to minimize the impact of divorce on them.
Additionally, the parents should submit the Parenting Plan, which regulates in detail the relationships between parents and their children, such as who makes significant decisions for the child, where the child will primarily reside, and other information.
Parents can submit a joint plan if they agree; otherwise, each parent can submit their own plan. The court will approve the proposed parenting plan if it is deemed in the child's best interest.
Another essential document is the BCSE Application and Income Withholding Form (SCA-FC-113), which is submitted to determine child support or alimony (spousal support).
#7. Initial/Final Hearing
For the initial hearing, each party will receive a timely scheduling order of when and where to appear and what additional documentation needs to be provided.
The initial hearing aims to establish any disputed facts between the parties, determine how many hearings will be necessary to resolve all relevant issues and identify what documentation will be required. The initial hearing can become the final hearing if the parties possess all necessary documentation and there are no disputed issues.
The final hearing is the last before the court makes its final decision. Therefore, the judge finalizes the divorce at the final hearing by completing and signing the Final Order. After that, the parties are informed of their right to appeal and receive a copy of the final order.