Filing Divorce In Wv

Summary

For a divorce in West Virginia, prepare financial disclosures, a proposed division of marital property, and any need for spousal support. A non-complicated divorce may take 3-6 months, but if both parties agree to the settlement, it can be faster. Be ready to answer questions from the judge about the accuracy of your petition, agreement terms, and residency. For irreconcilable differences, both parties must agree that the marriage is irretrievably broken.

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I am preparing to file divorce from my wife. I have already constructed a parenting planning and settlement agreement. What else should I prepare for?
Hello ****, in addition to your parenting plan and settlement agreement for your divorce in West Virginia, consider the following:
- Financial disclosures: assets, debts, income, and expenses
- A proposed division of marital property
- Any need for spousal support
- Custody and visitation schedule if you have children.
How long does a non-complicated divorce take?
In West Virginia, a non-complicated divorce may take approximately *-6 months to be finalized after the filing, given that all paperwork is completed correctly and in a timely manner. This is a general timeframe and can vary based on individual circumstances.
If both parties agree to settlement, how long will it take?
If both parties agree to the settlement, it can significantly speed up the process. However, the minimum time to finalize a divorce in West Virginia is generally still around 3 months due to mandatory waiting periods and court scheduling.
What should I be prepared to be asked by the judge?
In your divorce hearing in West Virginia, you should be prepared for the judge to ask you:
- If the details in your divorce petition are accurate.
- Whether you understand and agree to the terms in your settlement agreement.
- If you believe the agreement is fair and in the best interest of your children.
- Verification of residency and grounds for divorce.
If I am filing as irreconcilable differences, what do I need to prove?
In West Virginia, if you are filing for divorce based on irreconcilable differences:
- You will need to demonstrate that the marriage is irretrievably broken with no hope of reconciliation.
- Both parties should agree to this ground.
- No specific proof is required beyond your statement and your spouse's agreement.
How do I prove that my marriage is irretrievably broken?
In West Virginia, to prove that your marriage is irretrievably broken, you and your spouse must both agree to this statement. There is no further specific proof required beyond your mutual agreement during your divorce proceedings.