IF you live in West Virginia, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

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DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link

FAMILY LAW RESOURCES

West Virginia Child Support Guidelines
West Virginia Child Support Calculator
West Virginia Child Support Enforcement

DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

UNCONTESTED DIVORCE FORMS

WITH NO Children
No Children and No Marital Home
No Children and Dividing Proceeds From the Sale of Marital Home
No Children and Transfer of Marital Home From One Spouse to the Other

WITH Children
With Children and One Parent Has Legal and Physical Custody
With Children and Both Parents Have Legal Custody and One Parent Has Physical Custody

When You CANNOT LOCATE Your Spouse
State Specific - Divorce Software - Missing Spouse - With No Children

DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your West Virginia divorce form preparation today.

COUNSELING

Advanced Surveillance Group, Inc.
Professional Private Investigators who specialize in infidelity cases and spousal surveillance operating nationwide. Get the truth, end the doubt and anxiety and have the information you need to move forward with your life. Please visit our site which contains a great deal of information to help you evaluate this difficult decision. Fast, affordable and discreet...www.cheatingspousepi.com

BACKGROUND CHECKS

Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.

DOMESTIC VIOLENCE RESOURCES

West Virginia Domestic Violence Crisis and Support Services
West Virginia Domestic Violence Shelters and Hotlines
West Virginia Coalition Against Domestic Violence

SUPPORT

Support Groups

WEST VIRGINIA DIVORCE LAW RESOURCES

Overview of West Virginia Divorce Proceedings

RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a divorce in West Virginia, if the marriage occurred in this state, one of the parties must be a resident of this state, without regard to the length of time residency has continued. If the marriage was not entered into within this state, an action for divorce is maintainable if:

1. One of the parties was an actual bona fide resident of this state at the time the cause of action arose, or has become a resident since that time; and
2. The residency has continued uninterrupted through the one-year period immediately preceding the filing of the action. [Based on West Virginia Code; Section 48-5-105]

LEGAL GROUNDS FOR DIVORCE: A divorce may be granted based on the following grounds:

1. Irreconcilable differences;
2. Living separately and apart without interruption for one year;
3. Cruel or inhuman treatment by either party against the other, such as (a) Reasonable apprehension of bodily harm; (b) False accusation of adultery or homosexuality; or (c) Conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness and welfare of the other and render continued cohabitation unsafe or unendurable;
4. Adultery proven by clear and convincing evidence;
5. Conviction of a crime that is a felony;
6. Permanent and incurable insanity (based on medical testimony), if the patient has been confined to a mental institution for no less than three year preceding the divorce petition;
7. Habitual drunkenness or drug addiction;
8. Desertion for at least six months;
9. Abuse of neglect of a child (A divorce shall not be granted on this ground except upon clear and convincing evidence). [Based on West Virginia Code; Section 48-5-201 through 48-5-209]

LEGAL SEPARATION: "Property settlement or separation agreement" means a written agreement between a husband and wife whereby they agree to live separate and apart from each other. A separation agreement may also:

1. Settle the property rights of the parties;
2. Provide for child support;
3. Provide for the allocation of custodial responsibility and the determination of decision-making responsibility for the children of the parties;
4. Provide for the payment or waiver of spousal support by either party; or
5. Otherwise settle and compromise issues arising from the marital rights and obligations of the parties. [Based on West Virginia Code; Section 48-6-101] »

Mediation or Counseling Requirements: The family court shall issue an order requiring parties to an action for divorce involving a minor child or children to attend parent education classes established unless the court determines that attendance is not appropriate or necessary based on the conduct or circumstances of the parties. [Based on West Virginia Code; Section 48-9-104]

PROPERTY DISTRIBUTION: West Virginia is an equitable distribution state. In the absence of a valid agreement, the court shall presume that all marital property is to be divided equally between the parties, but may alter this distribution, after a consideration of the following:

1. The extent to which each party has contributed to the acquisition, preservation and maintenance, or increase in value of marital property by monetary contributions, including, but not limited to employment income and other earnings and funds which are separate property;
2. The extent to which each party has contributed to the acquisition, preservation and maintenance or increase in value of marital property by non-monetary contributions, including, but not limited to: (A) Homemaker services; (B) Child care services; (C) Labor performed without compensation, or for less than adequate compensation, in a family business or other business entity in which one or both of the parties has an interest; (D) Labor performed in the actual maintenance or improvement of tangible marital property; and (E) Labor performed in the management or investment of assets which are marital property;
3. The extent to which each party expended his or her efforts during the marriage in a manner which limited or decreased such party's income-earning ability or increased the income-earning ability of the other party, including, but not limited to: (A) Direct or indirect contributions by either party to the education or training of the other party which has increased the income-earning ability of such other party; and (B) Foregoing by either party of employment or other income-earning activity through an understanding of the parties or at the insistence of the other party;
4. The extent to which each party, during the marriage, may have conducted himself or herself so as to dissipate or depreciate the value of the marital property of the parties: Provided, That except for a consideration of the economic consequences of conduct as provided for in this subdivision, fault or marital misconduct shall not be considered by the court in determining the proper distribution of marital property. [Based on West Virginia Code; Sections 48-5-610 and 48-7-103]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court may require either party to pay spousal support, considering the following factors in determining the amount of spousal support:

1. The length of the marriage, and any periods of separation;
2. The present employment income and other recurring earnings of each party from any source;
3. The income-earning abilities of each of the parties;
4. The distribution of marital property and how it will affect the earnings of the parties and their ability to pay or their need to receive spousal support, child support or separate maintenance;
5. The ages and the physical, mental and emotional condition of each party;
6. The educational qualifications of each party;
7. Whether either party has foregone or postponed economic, education or employment opportunities during the course of the marriage;
8. The standard of living established during the marriage;
9. The likelihood that the party seeking spousal support, child support or separate maintenance can substantially increase his or her income-earning abilities within a reasonable time by acquiring additional education or training;
10. Any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party;
11. The anticipated expense of obtaining the education and training described in subdivision (9) above;
12. The costs of educating minor children;
13. The costs of providing health care for each of the parties and their minor children;
14. The tax consequences to each party;
15. The extent to which it would be inappropriate for a party, because said party will be the custodian of a minor child or children, to seek employment outside the home;
16. The financial need of each party;
17. The legal obligations of each party to support himself or herself and to support any other person;
18. Costs and care associated with a minor or adult child's physical or mental disabilities; and
19. Any other factors as the court deems necessary.

In determining whether spousal support is to be awarded, or in determining the amount of spousal support, the court shall consider and compare the fault or misconduct of either or both of the parties and the effect of the fault or misconduct as a contributing factor to the deterioration of the marital relationship. [Based on West Virginia Code; Section 48-5-602, 48-6-301, and 48-8-101 through 48-8-104]

SPOUSE'S NAME: The court shall if requested to do so by either party, allow such party to resume the name used prior to his or her first marriage. The court shall, if requested to do so by either party, allow such party to resume the name of a former spouse if such party has any living child or children by marriage to such former spouse. [Based on West Virginia Code; Section 48-5-613]

CHILD CUSTODY: Custody shall be determined by the best interests of the child. The primary objective of this article is to serve the child's best interests, by facilitating:

1. Stability of the child;
2. Parental planning and agreement about the child's custodial arrangements and upbringing;
3. Continuity of existing parent-child attachments;
4. Meaningful contact between a child and each parent;
5. Care-taking relationships by adults who love the child, know how to provide for the child's needs, and who place a high priority on doing so;
6. Security from exposure to physical or emotional harm; and
7. To achieve fairness between the parents (this is a secondary objective). [Based on West Virginia Code; Section 48-9-101 and 48-9-102]

CHILD SUPPORT: West Virginia calculates child support orders based on the Income Share Model. A child support order is determined by dividing the total child support obligation between the parents in proportion to their income. Both parents' adjusted gross income is used to determine the amount of child support.

Deviations from the guidelines are possible for the following reasons:

1. Special needs of the child or support obligor, including, but not limited to, the special needs of a minor or adult child who is physically or mentally disabled;
2. Educational expenses for the child or the parent (i.e. those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or costs beyond state and local tax contributions);
3. Families with more than six children;
4. Long distance visitation costs;
5. The child resides with third party;
6. The needs of another child or children to whom the obligor owes a duty of support;
7. The extent to which the obligor's income depends on nonrecurring or non-guaranteed income; or
8. Whether the total of spousal support, child support and child care costs subtracted from an obligor's income reduces that income to less than the federal poverty level and conversely, whether deviation from child support guidelines would reduce the income of the child's household to less than the federal poverty level. The court shall order medical support to be provided for the child or children. [Based on West Virginia Code; Section 48-5-603, 48-13-201, and 48-13-702]

PREMARITAL AGREEMENT: An agreement by which the property rights and interests of the prospective husband and wife, or both of them, are determined, or where property is secured to either or both of them, to their separate estate, or to their children or other persons. An antenuptial agreement may include provisions that define the respective property rights of the parties during the marriage, or upon the death of either or both of the parties. The agreement may provide for the disposition of marital property upon an annulment of the marriage or a divorce or separation of the parties. A prenuptial agreement is void if at the time it is made either of the parties is a minor. [Based on West Virginia Code; Section 48-1-203]

You can find more divorce information in the following articles: