Divorce Papers

One of the spouses must have been a resident of West Virginia for at least one year immediately prior to filing. However, if the marriage was performed in West Virginia and one spouse is a resident when filing, there is no durational time limit. The divorce should be filed for in: 1) county in which the spouses last lived together; or 2) the county where the defendant lives if a resident; or 3) the county where the plaintiff lives, if the defendant is a nonresident. [West Virginia Code; Sections 48-2-6, 48-2-7, 48-2-8].

The no-fault grounds for divorce in West Virginia are: 1) irreconcilable differences have arisen between the spouses; or 2) living separate and apart without cohabitation and without interruption for one year. [West Virginia Code; Section 48-2-4].

USE THESE WORDS IN THE COURT DOCUMENTS FOR WEST VIRGINIA

1. Use these exact words, all in capital letters: CIRCUIT COURT OF COUNTY, WEST VIRGINIA
2. Use these exact words, all in capital letters: COMPLAINT FOR DIVORCE
3. Use the word "Plaintiff". Be sure the "P" is capitalized.
4. Use the word "Defendant". Be sure the "D" is capitalized.
5. Use these exact words: DECREE OF DIVORCE. Be sure to use capital letters only when placed as the title of your final document.
6. Use the word "County" here.

Free West Virginia Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".

• Glossary of terms
• Instructions for completeing the forms
• Review the Resources you may need to obtain your order
• Understanding the Law

West Virginia Divorce Instructions

• Instructions for completeing the forms - The Marital Settlement Agreement
• Glossary of terms you should be aware of while going through your divorce
• Review your State's Guidelines

Forms & Documents

• Form 1- Uniform Support Petition
• Form 2- Summons: Personal Service on an Individual
• Form 3- Process Service Memorandum
• Form 4- Non-Military Affidavit
• Form 5- Financial Affidavit
• Form 6- Motion for Health Insurance Coverage
• Form 7- Final Judgment Modifying Child Support

West Virginia Divorce Court Forms

• Documents for the Court

Your Divorce Forms

• Financial Affidavit
• Notice of Hearing

West Virginia Divorce Forms that Both Parties Must sign

• Declaration under the Child Custody Act
• Marriage settlement Agreement
• Verification required by both parties

West Virginia Divorce Forms to be Signed by a Friend

• Affidavit by a third party

Divorce Form for Your Spouse

• Answer and Affidavit in response