West Virginia Answer to Divorce Petition

State:
West Virginia
Control #:
WV-SKU-0375
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PDF
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Description

Answer to Divorce Petition

A West Virginia Answer to Divorce Petition is a written document filed in response to a spouse's Petition for Divorce. The Answer typically includes a statement of the specific grounds for divorce, as well as the spouse's response to each individual allegation set forth in the Petition. The Answer may also include a counterclaim, wherein the responding spouse makes allegations against the petitioner. There are two types of West Virginia Answer to Divorce Petition: an Uncontested Answer and a Contested Answer. An Uncontested Answer is filed when the respondent spouse agrees to all the terms of the divorce as stated in the Petition. A Contested Answer is filed when the respondent spouse disagrees with any of the terms of the divorce as stated in the Petition.

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FAQ

The process for getting a divorce and acceptible grounds for divorce vary from state to state. In West Virginia, a divorce can be completed on average in a minimum of 360 days, with court fees of $135.00.

Venue of actions for divorce. (a) If the respondent in an action for divorce is a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the respondent resides.

§48-27-509. Conditions of visitation in cases involving domestic violence.

A petitioner can stop a divorce while it's in progress in West Virginia, but once the Decree of Divorce has been signed and finalized, you can't reverse the process.

You can find an answer form on the West Virginia Supreme Court of Appeals website here. You should fill out the forms for the Respondent. You can also get an Answer form in the circuit clerk's office. The answer states whether you agree to the divorce.

§48-5-202. (a) A divorce may be ordered when the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties.

Grounds for divorce; irreconcilable differences. The court may order a divorce if the complaint alleges that irreconcilable differences exist between the parties and an answer is filed admitting that allegation.

Enjoining abuse, emergency protective order. (3) Harassing or verbally abusing the other in a public place.

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West Virginia Answer to Divorce Petition