Family law Master West Virginia
Making sense of the uncontested divorce process in West Virginia.
Your divorce doesn’t have to break you or the bank. There is a kinder, quicker and less expensive alternative to the typical TV divorce drama – an uncontested or simplified divorce.
While divorce is never an easy thing for the spouses involved, it can be a fairly simple process. For those spouses that are still able to compromise, an uncontested divorce will allow them, rather than a judge, to make the final decisions on their divorce.
This article provides a general overview of the process to obtain an uncontested divorce in West Virginia. If after reading this article, you still have questions about obtaining an uncontested divorce, contact a local family law attorney for advice.
Overview of Uncontested Divorces in West Virginia
Uncontested divorces are a faster option available to couples with or without children and are generally much less expensive than contested divorces. West Virginia offers a simplified process for uncontested divorces if spouses are able to agree on all major issues in the divorce. With an uncontested divorce, the spouses must agree on every issue in the divorce including child custody and child support, if children are involved. For more information on calculating child support for divorce purposes in West Virginia, click here.
If you are unable to agree with your spouse on any major issue in the divorce, your divorce is contested one and you’ll have to go to trial to sort out the details of your divorce.
Additionally, this type of simplified or summary divorce can save couples the stress associated with going to trial, although a hearing before the judge is still required to finalize your divorce. The following is a list of major issues that must be resolved by the spouses before filing an uncontested divorce action in West Virginia:
- child custody and visitation arrangements if minor children are involved
- child support, health and dental insurance coverage
- alimony or spousal support, if any
- division of real estate and personal property
- division of assets and debts, and
- any other issues related to your marriage.
Starting the Uncontested Divorce Process in West Virginia
To obtain a divorce in West Virginia you must meet the following criteria:
- were married in West Virginia AND you or your spouse currently lives in the state, or
- were not married in West Virginia, but have lived in the state for the last 12 months.