West Virginia No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts
What is this form package?
The West Virginia No-Fault Agreed Uncontested Divorce Package is a legal document set designed for individuals seeking a divorce without children, with or without property and debts. This package streamlines the process by providing all necessary forms and guidance to ensure a smooth dissolution of marriage based on irreconcilable differences. Unlike contested divorce procedures, this package emphasizes agreement between spouses, allowing for a simpler and more efficient resolution.
What’s included in this form package
- Summons
- Marital Domestic Separation and Property Settlement Agreement no children
- Instructions for Completing Divorce Forms - Petitioner
- Instructions for Completing West Virginia Divorce Forms (Respondent)
- Petition for Divorce - with or without children
- Vital Statistics Form
- Financial Disclosure Statement
- Answer
When to use this document
This divorce package is suitable in various scenarios, including:
- When both spouses agree to the divorce terms and there are no children involved.
- If both parties have reached an agreement regarding the division of property and debts.
- When the marriage is dissolved based on irreconcilable differences, and neither spouse disputes the terms.
Who this form package is for
- Couples married in West Virginia who have no minor children.
- Individuals looking for a cost-effective way to handle their divorce.
- Those who have reached a mutual agreement on the divorce terms and are seeking an uncontested process.
- Spouses who want to simplify the legal process of divorce without court appearances or contentious issues.
Completing these forms step by step
- Review the included forms carefully and gather necessary information.
- Fill out the Petition for Divorce and Civil Case Information Statement accurately.
- Ensure both parties complete the Financial Disclosure Statement and share it with each other.
- File the completed forms with the Clerk of Court and pay the necessary filing fee.
- Serve the Respondent with the Summons and other required documents.
- Schedule the final hearing and prepare to answer any questions from the court regarding your case.
Notarization details for included forms
Some forms in this package need notarization to be legally binding. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
Common mistakes to avoid
- Failing to complete all required forms before filing.
- Not providing adequate notice to the Respondent.
- Ignoring the required waiting period before scheduling the final hearing.
- Forgetting to file the Financial Disclosure Statement on time.
Advantages of online completion
- Convenience of downloading and completing forms at your own pace.
- Access to attorney-drafted legal forms that meet West Virginia requirements.
- Ability to easily edit forms using a computer, ensuring accurate information entry.
- Reduced legal fees by handling the process without needing an attorney.
Jurisdiction-specific notes
This form package complies with the divorce laws specific to West Virginia. Key requirements include residency stipulations, as at least one spouse must have lived in West Virginia for at least one year before filing. Additionally, the package includes all necessary forms recognized by West Virginia courts for an uncontested divorce.
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FAQ
The couple can, if they agree, cancel the divorce by asking the court to dismiss the divorce after the papers have been filed. Many times, they can request a dismissal form from the county clerk anytime before a judgment has been entered. If no response has been filed, the petitioner alone can file the dismissal form.
Yes you can withdraw divorce petition now and you can also filed another petition in future if required. Marriage cannot be said void on the basis of separation, it can only be nullified by the court of law, if another spouse is not known to anyone after all efforts not less than 7 years.
A divorce case may be dismissed if the person who filed for divorce withdraws the request. This can be done if the respondent did not answer the divorce petition.The court may move to dismiss a divorce case if no activity has been made in a certain period of time, which is typically one year from the filing date.
You can attempt to have the case reopened through filing a motion to reopen. However, the decision to reopen is up to the judge, and one major thing the judge will consider is the length of time the case has been dismissed.
