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West Virginia Divorce Facts

When going through a divorce in in West Virginia, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of West Virginia should know. The facts listed here are only a selected few of the more comprehensive set of West Virginia Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified West Virginia Divorce Professional.

  • Uncontested divorces may actually be resolved in an attorney's office, with only the required paperwork filed later before the court. Divorces involving child or property disputes are typically heard before a judge.
  • The primary consideration in custody is the best interests of the child, according to the West Virginia Code. The judge in a custody case looks at several factors including who historically served as the primary caretaker of the child, the physical and mental health of the parents and the child, age of the child, and the type of residences maintained by each parent.
  • West Virginia law establishes a preference for parents resolving custody issues between themselves. The court possesses the power to issue custody orders when parents are unable to reach agreement. To that end, West Virginia law directs parties in any domestic relations case to develop a parenting plan. The parenting plan deals with the nuts and bolts of effective divorced parenting.
  • The statutes of West Virginia express a preference for permanence in child custody arrangements. Parents can modify these arrangements themselves, provided they focus on the best interests of the child. The court will only modify a custody order upon a demonstration of a material change of circumstances, which means that the existing custodial arrangement is no longer in the best interests of the child, such as when a serious health problem prevents a parent from taking care of a child.

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