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West Virginia Divorce Forms
This is a list of the most commonly filed divorce forms for the state of West Virginia. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in West Virginia, certain forms may or may not be required by the West Virginia courts.
A seven-page form filed by the Petitioner, the Petition for Divorce tells the court the reasons the divorce should be granted and details how the Petitioner wants to handle such matters as spousal support, custody of children and their support and division of property. The Petition contains a verification as to the facts and "matters upon information" of others, and it must be notarized.
A one-page form signed by the Petitioner, the verification attests to the truth of "faces and allegations" made in the Petition. The verification must be notarized.
Civil Case Information Statement (SCA-FC-103)
A two-page form, the Civil Case Information Statement for Domestic Relations gives the court information about the spouses, their children, the type of action and whether either party seeks alimony or child support.
Vital Statistics Form (SCA-FC-104)
This one-page form is used to record the divorce for the Division of Vital Statistics.
BCSE Application and Income Withholding Form (SCA-FC-113)
A two-page form, the Bureau for Child Support Enforcement Application and Income Withholding Form must be filed by both spouses if either one requests spousal support of if minor children are involved in the action.
Acceptance of Service (SCA-FC-105)
A Defendant who agrees can sign the Acceptance of Service and waive formal service of the Summons and the Petition. This one-page form must be notarized.
Financial Statement (SCA-FC-106)
Filed by both spouses, the Financial Statement profiles the assets and liabilities of each spouse as well as their marital property. A nine-page form, this statement must be notarized, and each spouse must complete a Certificate of Service when exchanging it with the other spouse.
Notice of Hearing (SCA-FC-107)
When a case moves to a hearing, the party filing the action must notify the other of the date and place of the hearing. This notice requires a certificate of service attesting to the delivery of the notice.
When a Respondent disputes the facts or allegations in the Petition, he or she files an Answer, a five-page form. The Answer, which must be verified, notarized and which requires a certificate of service, is a counterclaim to the Divorce Petition.
Affidavit of Unknown or Out of State Residency (SCA-FC-110)
The Affidavit of Unknown or Out of state Residency, which must be notarized, is used when the Petitioner cannot locate the Respondent or when the Respondent is not a resident of West Virginia. If the Petitioner has made a diligent effort to locate a spouse who cannot or will not be found, the Affidavit of Unknown or Out of state Residency is a preliminary to Service by Publication.
Order of Publication (SCA-FC-111)
The Order of Publication, a one-page form signed by the court, permits the Petitioner to publish the notice of the divorce in a newspaper, once a week for two weeks. The Respondent has 30 days to file an Answer. If he or she does not, the action moves forward as a default. After publication, the Petitioner completes an Affidavit of Publication. This certifies that the publication happened.
Certificate of Service (Generic) (SCA-FC-314)
This one-page form is used when a party needs to certify that he or she mailed a divorce document or paper to the opposing party.
Proposed Parenting Plan (SCA-FC-121)
During settlement negotiations, a Proposed Parenting Plan, which is 12 pages long, outlines the proposed terms and conditions of custody and visitation. The plan is verified and notarized.
Proposed Parenting Plan Worksheet (SCA-FC-128)
This worksheet, which must be notarized and verified, individually or jointly, is used to help write the proposed parenting plan.
Motion to Adopt Proposed Parenting Plan (SCA-FC-129)
In the event one spouse develops the Proposed Parenting Plan, this motion, together with a Certificate of Service, is signed by that spouse and presented to the court.
The primary consideration in child 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.
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