Online Divorce In West Virginia | Main Things To Know

Posted by: KHTS Articles in News Articles November 21, 2021 - 9:04 am 0 418 Views

It is undoubtedly difficult to wrap your mind around the reality of getting a divorce – besides the emotional pain it may cause, it also demands a drastic lifestyle change.

However, the divorce process can either worsen the whole experience or bring a measure of relief.

Filing for divorce may seem like a daunting task at first, even frightening to some. So, many decide to remain in their unhappy marriage.

What are some of the first things that pop into your mind when you think about the divorce process?

Perhaps, like many, you may wonder:

“Is this going to cost a lot more than expected? “Will this be way too complicated for me?” “How long will it take, and how much time will I need to spend on it?”

Is there an easier, less time-consuming way to do this without having to go bankrupt? Yes, there is! It may sound strange, but it is even possible to file for divorce online in this day and age of technology! Let’s take a closer look at this option which could be the smoothest way.

Filing for Divorce in West Virginia

Let’s first look at what the basic steps are when filing for a divorce in West Virginia:

1. Do you meet the residency requirements?

If you were married in the state and you and your spouse currently live in the state, a West Virginia court can hear your case. However, if you were not married within the state, you and your spouse will have had to be residents of the state for at least one year before the West Virginia court will hear your case.

2. Do you have the legal grounds to file for divorce?

In some states, you need to prove the reasons for your divorce. Luckily West Virginia is not one of those states. Therefore you will have the following options:

NO-FAULT

You do not blame your spouse or hold them responsible for the divorce. This may include your conviction that there is no possible way for your marriage to be ‘saved,’ and/or you and your spouse have had different residencies for at least one consecutive year and have not behaved like a married couple within that year.

FAULT-BASED

Holding your spouse responsible for the ending of your marriage. This may include the following:

Your spouse has abused you physically, mentally, and/or emotionally.
Your spouse has committed adultery.
Your spouse has committed a crime (which has been finalized) after you got married.
Your spouse suffers from a permanent and incurable mental condition causing insanity.
Your spouse habitually abuses substances.
Your spouse abuses and/or neglects your children.

3. You will be required to file the divorce papers and ensure your spouse has received copies.

4. Establish if this is a contested or uncontested divorce. If it is contested, this means that your spouse has disagreed with something in the divorce papers, but if you are both in agreement, it is uncontested, and your spouse should sign the papers and send them back to you and/or the court.

5. An out-of-court settlement should be reached regarding property division, child support, and custody.

What about alimony?

Alimony is when either spouse has to provide financial support to the other. It can only be done if your spouse does not live with you.

If you and your spouse have agreed to this in a prenuptial or antenuptial agreement, or it is part of the terms of the separation agreement, it is ordered by the court during the divorce.

In West Virginia, alimony is known as spousal support, and there are 4 kinds:

Permanent spousal support, which may be life-long.
Temporary spousal support, which is to be applied for a specific limited time only.
Rehabilitative spousal support, which serves to help you get back on your feet (reach financial stability). This is usually for a limited time as it will help you until you have found a job or started earning an income.
Spousal support in gross, which is when the judge orders you to pay a certain amount, for example, a one-time payment.

The main things to know about online divorce

So when can you make use of an online divorce service? Well, at the very get-go, as long as your divorce is uncontested!

Online divorce refers to the preparation of divorce papers online, not to the process of getting a divorce, as only a judge can issue a divorce decree.

Here are the 4 main steps for an online divorce.

Make sure that you are eligible for the divorce. All that this requires is answering a few short questions online and confirming that your divorce is uncontested.
After qualifying, answer some more in-depth questions regarding the particulars of your situation and the divorce.
Double-check your answers to make sure everything is filled out correctly.
The divorce service will prepare your divorce papers within 2 working days.
Lastly, file your divorce documents at your local clerk’s office.

Some extra information to consider

After completing the paperwork, you will need to file your documents with the courthouse in the state where both you and your spouse have lived or where the respondent now stays.

However, the divorce may be filed in the state where the petitioner lives if the respondent does not reside in West Virginia.

You might be wondering…

Does the online divorce process cover or include all the necessary information needed?

Yes, it does! It provides the full divorce packet required by the court, so you won’t need to waste your time driving around or searching online for the correct documents.

Should you be acquainted with any laws or information that is not ‘general knowledge’?

No. Once you’ve answered the basic questions online, you have provided the needed information for the documents to be completed.

Key Takeaways

Divorce alone can be emotionally taxing, but the process can make things even more difficult as it is often very costly, complicated, and time-consuming. Online divorce provides an easier route by eliminating the need for costly attorneys, simplifying the process, and getting it done a lot quicker.