West Virginia Uncontested Divorce

Divorce in West Virginia

How to Get an Uncontested Divorce in West Virginia

West Virginia Uncontested Divorce: An uncontested divorce is one in which both parties involved in a divorce agree on the disposition of all property, assets, finances, and children.

This type of divorce is always the best option for any filer(s).

In many states throughout the United States, people filing for an uncontested divorce do not even have to show up for a court appearance.

West Virginia law states that it is not necessary that both spouses attend the final court hearing, just that at least one of the spouses must attend.

When hiring an attorney, an uncontested case is much cheaper due to the limited nature of the involvement.

How to Get an Uncontested Divorce in West Virginia

Essentially the attorney just asks questions and advises one or both parties on the information presented in the divorce forms.

Many attorneys will charge a flat rate for an uncontested divorce.

Uncontested divorces are not only in the filer’s best interest, but also in the Family Court’s best interest as well.

Since both parties agree on the disposition of everything, all a judge needs to do is ensure the previously filed paperwork is complete and meets legal requirements.

Contested cases can require several conferences and hearings depending on how much information the court needs to make a final decision on the case.

Another fact surrounding West Virginia uncontested divorces is that the majority of all West Virginia divorces end in an uncontested manner.

For this reason, and to reduce paperwork errors, the courts added divorce packets and other court forms on their main website.

These packets are available to anyone seeking to file for a West Virginia divorce and they contain all of the necessary forms, instructions, and insight into the divorce process.

The courts expect anyone representing himself or herself to act in the same manner as an attorney would, and the judge will not advise anyone on the court processes.

The process for filing in an uncontested manner requires that both individuals involved in the divorce have previously agreed on all issues surrounding the divorce.

A review of the law and a discussion on how to split everything is the first step. The next step is filling out the required legal forms, filing them with the appropriate circuit court clerk’s office, serving the respondent, and awaiting a hearing date.

When filling out the paperwork, all forms must be signed in front of a notary and be notarized, or done in the presence of someone in the Clerk’s office.

Once the court reviews all of the submitted West Virginia divorce forms, a judge will make a decision based on what was submitted and hopefully grant the divorce by finalizing the divorce orders. Not all hearings will yield an immediate decision.

If issues are in dispute, the court may want more facts before yielding any decision. This is why filing a West Virgina uncontested divorce, where both parties agree to all issues is the best option.

If there is an attorney working on the case, he or she will prepare the orders for the judge’s signature, but when there is no attorney, the Family Court Judge will prepare the orders.

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