Divorce can be a difficult and challenging process that involves various legal procedures. In West Virginia, the process of getting a divorce involves several steps that need to be followed carefully. Here is a step-by-step guide on the divorce process in West Virginia.
File a Complaint for Divorce
The first step in getting a divorce in West Virginia is to file a complaint for divorce. This legal document is typically filed with the Circuit Court of the county where either spouse resides. The complaint includes basic information about the spouses, such as their names and addresses, the grounds for divorce, and any relevant details about the couple’s family, property, and finances.
Serve the Complaint on Your Spouse
Once the complaint for divorce is filed, the next step is to serve this legal document on your spouse. This means that you must provide a copy of the complaint to your spouse so that they are aware of the divorce proceedings.
Wait for Your Spouse’s Response
After your spouse has been served with the complaint, they have 20 days to file a response. This response will indicate whether your spouse agrees or disagrees with the divorce. If your spouse agrees with the divorce, they may waive their right to a formal hearing. However, if they disagree with the divorce, a hearing may be scheduled.
Attend a Hearing
If a hearing is scheduled, both spouses must attend the hearing, along with their attorneys if they have one. During the hearing, the judge will address all the issues related to the divorce, such as child custody, child support, spousal support, and property division.
Finalize the Divorce
Once all issues related to the divorce have been addressed and resolved, the divorce can be finalized. This typically involves the judge signing a final divorce decree, which officially ends the marriage.
Conclusion
Getting a divorce in West Virginia can be a lengthy and complicated process. However, by following the steps outlined above, you can ensure that you are taking the necessary steps to end your marriage and move on with your life. If you have any questions or concerns about the divorce process, it’s important to speak with an experienced divorce attorney who can guide you through the process and help you protect your rights.