Divorce Residency Essentials to Get Divorce in West-virginia

Before you file your divorce without an attorney in West Virginia, the spouse who is filing must have lived in the state as a resident for at least one year. However, if the marriage was performed in-state and at least one party lives in the state, there is no residency requirement.

Reasons for Divorce in West-virginia

There are two no-fault grounds for divorce in West Virginia. Those grounds are irreconcilable differences and living apart and separate without cohabitation for at least one year.

West Virginia also has at-fault grounds which include, but are not limited to, adultery, alcoholism, substance abuse, cruelty, and abandonment for at least six months.

Custody of the Children in West-virginia

In a contested case, costs presume that the child’s primary physical caregiver and primary parent will be awarded custody. However, it is possible for either parent to be awarded custody. There is no gender bias in custody decisions. If it is in the best interests of the children, the courts will approve agreements reached by the parents.

West-virginia Child Support Guidelines

West Virginia has child support guidelines in place that will apply in almost every case. If there are exceptional circumstances present, they may be overridden. In most instances, both parents’ income and child-related expenses are considered when calculating child support. The payments are expected to continue until a child reaches the age of 18, but they may be extended until a child completes secondary school.

Venue

Divorce in West Virginia should be filed in the county in which the couple last cohabited if the defending party is considered to be a resident of the state. If the filer wishes, the divorce may also be filed in the county in which the defendant resides. If the defendant is not a resident of West Virginia, the divorce should be presented in the county in which the petitioner lives or the county in which the couple last lived together.

Divorce Mediation

The parties may be referred to mediation for any issue regarding parental responsibility, visitation, primary residence, and child support. If the negotiations can result in disputes being resolved, the case may be able to move forward as an uncontested divorce allowing for a quick, easy, online divorce.

Filing fees

Local filing fees are charged in addition to the cost of using OnlineDivorceSolutions.com. The filing fees vary from county to county. You can check with your local courthouse to find out the exact amount before you file for divorce.