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See if you Qualify in West-virginia

Online Divorce provides qualitative and approved by the court West Virginia divorce forms. The information below will help you understand more about the divorce in West Virginia.



If you want to apply for a divorce in West Virginia, at least one of the spouses must reside in the state within 1 year before the application is filed.


Valid Grounds to get divorce

You can file for divorce in the state of West Virginia on the basis of the following circumstances:

1) adultery

2) if the parties do not voluntarily cohabit for a long period of time

3) if there is evidence of domestic violence

4) if one of the supergis committed a crime while in a marriage, and was convicted of it

5) if one of the spouses suffers from a complicated mental illness or is placed in a psychiatric hospital for a period of more than 3 years

6) if one spouse has a drug or alcohol dependence

7) if one of the spouses caused psychological or physical injury to the child

8) if the marriage is irretrievably broken


Custody of the Child

The decision on custody of the child is made on the basis of what is best for the child in order to ensure his stable psychological state during adulthood. Thus, the following circumstances will be taken into account by the court when deciding on custody:

1) the relationship of the child with the parents

2) the level of emotional stability of the child

3) an education plan prepared by each parent

4) facts of domestic violence


Rules for Child Support

Courts of West Virginia State oblige parents after a divorce to financially support their underage children. Thus, in the first place, parents must provide the child with education, medical care, housing and food. The calculation of the child's financial support is based on the Income Shares model, which takes into account the total income of the parents and the obligation to care for the child. This model exists to ensure the child after divorce the level of life that he had while the parents were married.


Rules for Spousal Support

With a divorce in West Virginia, a court may order one of the spouses to pay alimony to the second spouse. Financial support can be of 4 types:

1) Financial support on an ongoing basis

2) financial support, which is made temporarily

3) financial support aimed at the rehabilitation of the spouse

4) financial support in gross

The court takes into account the following factors when deciding on maintenance and the amount of:

1) duration of marriage

2) education and professional skills of spouses who help them to earn income

3) the level of mental and emotional health of each spouse, their age

4) tax obligations of the spouses

5) the presence of guardianship over a minor child from one of the spouses

6) financial expenses of spouses


Mediation Support

The court in every possible way encourages the intervention of mediators in a divorce, if in the case are involved underage children.


Divorce Forms in West Virginia

The divorce papers that you have to fill out depend on your individual divorce details. On the website of West Virginia, you can find all the necessary forms online. However, the correct filling of documents can cause you certain difficulties, since it is quite difficult to make a person who does not have the necessary legal education. Keep in mind that the Online Divorce service is always ready to help you fill out your divorce documents, we will pick up forms that match the circumstances of your divorce and help fill them in as required by West Virginia courts. This will help you get around any latency in the process of your divorce.