What is the process of filing for a no-fault divorce in West Virginia?

What is a No-Fault Divorce in West Virginia?

A no-fault divorce is a type of divorce where the couple is not blaming each other for the breakdown of the marriage. Instead, the couple is simply stating that the marriage has irretrievably broken down and that there is no hope of reconciliation. In West Virginia, a no-fault divorce is also known as a "divorce from the bonds of matrimony."

Who Can File for a No-Fault Divorce in West Virginia?

In West Virginia, either spouse can file for a no-fault divorce. However, there are some requirements that must be met. The couple must have been married for at least one year, and the marriage must be considered irretrievably broken. Additionally, the couple must have attempted to reconcile their differences and have failed to do so.

How to File for a No-Fault Divorce in West Virginia

To file for a no-fault divorce in West Virginia, you will need to follow these steps:

1. Prepare the necessary documents. You will need to fill out a petition for divorce, which will include information about your marriage, your children, and your assets and debts. You will also need to fill out a summons, which will inform your spouse of the divorce proceedings.

2. File the documents with the court. You will need to file the petition and summons with the circuit court in the county where you reside.

3. Serve your spouse. You will need to serve your spouse with a copy of the petition and summons. This can be done by a process server or by mail.

4. Wait for your spouse to respond. Your spouse will have 20 days to respond to the petition. If they do not respond, you can proceed with the divorce.

5. Attend a hearing. You will need to attend a hearing with the court to finalize the divorce. At the hearing, you will need to present evidence of the breakdown of the marriage and the failure to reconcile.

6. Get a divorce decree. Once the hearing is complete, you will receive a divorce decree, which will officially end your marriage.

What to Do After Filing for a No-Fault Divorce in West Virginia

Once you have filed for a no-fault divorce in West Virginia, there are some important steps you should take to ensure a smooth transition:

• Update your identification. You will need to update your identification, such as your driver's license and social security card, to reflect your new marital status.

• Update your financial records. You will need to update your financial records, such as your bank accounts and credit cards, to reflect your new marital status.

• Notify your employer. You will need to notify your employer of your new marital status and any changes to your benefits or insurance.

• Notify your insurance provider. You will need to notify your insurance provider of your new marital status and any changes to your coverage.

• Notify your credit card companies. You will need to notify your credit card companies of your new marital status and any changes to your accounts.

Conclusion

Filing for a no-fault divorce in West Virginia can be a complex and emotional process. However, with the right guidance and preparation, it can be a straightforward process. This guide has walked you through the steps of filing for a no-fault divorce in West Virginia, from preparing the necessary documents to finalizing the divorce. Remember to update your identification, financial records, and notify your employer, insurance provider, and credit card companies of your new marital status.