How to File For Divorce in West Virginia Form

In the case of wanting to file for a divorce in the State of West Virginia, the following form can be used as a reference on the steps of the divorce process in the state.

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S	TEP	 1	 - The Spouse that has decided to file for divorce must complete the 	
following forms and be sure to have them 	Notarized	 and filed with the Court 	
Clerk's Office in the County where you reside:	
• Petition
• Verification Form (Attach this to the Petition)
• Civil Case Information Sheet
• Vital Statistics
• Bureau for Child Support Enforcement Application and Income 	
Withholding Form	
• *Bring a check 	*You may want to call the clerk to see what the filing fee is 	
for your county (See 	List	).	
S	TEP	 2	 - You must 	SERVE	 your spouse of the filing by sending copies of the filed 	
documents (above) as well as:	
• 1*Summons
• 2*Acceptance of Service	
*Your spouse MUST COMPLETE the above 2 forms and have them sent or hand 
delivered back to you AS SOON AS POSSIBLE for you to file at the clerk's office.	
• *Answer - 	Your spouse must file this form	 to the clerk within 20 	
days or else you cannot file an uncontested divorce).	
*If you have minor children you must attach the 	Bureau for Child Support 	
Enforcement Application and Income Withholding Form	 and the 	
Parenting Plan Worksheet	 to the	Answer	 form.	
S	TEP 	3	 - You should meet with your spouse with copies of your tax returns for 	
the previous 3 years in order to fill out the following forms:	
• 1*Financial Disclosure Statement
• 2*Marital Settlement Agreement	
*I	F 	Y	OU	 H	AV E	 M	INOR 	C	HILDREN	 - 	Ask the clerk about the Parental 	
Education classes you need to complete. The clerk will have a list of credited 
programs that you will need to get a certificate from after successful completion.
After waiting at least 20 days from the date you filed the forms on Step 2, you can 
file these forms at the clerk's office and schedule a court hearing date. Before going 
to the clerk's office, remember a	 Notice of Hearing 	form to fill in the date of

the hearing and file the form. You will need a copy of the filed form to send to you 
spouse.
S	TEP 	4	 - Go to your court hearing with all your filed documents and as long as 	
the Judge sees that you have completed all the steps successfully your	 Final Order 	
for Divorce	 will be signed. After 3 days, your divorce will be made official. At 	
this point, your divorce is complete in the State of West Virginia.