The Ultimate Guide to No-Fault Divorce in West Virginia

Learn the steps to file for a no-fault divorce in West Virginia, including meeting residency requirements, filing a petition, serving your spouse, and attending a final hearing.

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In West Virginia, no-fault divorce is a relatively straightforward process. Here are the steps you need to take to file for a no-fault divorce in West Virginia:

  1. Meet the residency requirement. You must have been a resident of West Virginia for at least six months before filing for divorce.

  2. File a petition for divorce. You can file a petition for divorce in the circuit court of the county where you reside.

  3. Include the required information. Your petition must include:

    • Your name and address

    • Your spouse's name and address

    • The grounds for divorce (in this case, no fault)

    • A statement that you have lived separately and apart from your spouse for at least one year

    • A statement that you have made a good faith effort to reconcile

  4. Serve your spouse. You must serve your spouse with a copy of the petition and any other relevant documents.

  5. Wait for the divorce to be granted. After serving your spouse, you must wait at least 60 days before the divorce can be granted.

  6. Attend a final hearing. You and your spouse will be required to attend a final hearing to finalize the divorce.

It's important to note that no-fault divorce is a relatively new concept in West Virginia, and the laws surrounding it are still evolving. If you're considering filing for divorce in West Virginia, it's a good idea to consult with an attorney to ensure that you're following the correct procedures and meeting all the necessary requirements.

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