Legal Assistant Child Support

West Virginia Client Instructions for Divorce

without Children

The following is a list of all the forms that are included in your packet.

*Be aware that a county may have additional or substitute forms that are required.

List of Forms for Filing

Petition for Divorce - Petitioner sign and date twice, once in front of a notary

Petitioner’s Civil Case Information Statement - Petitioner sign and date Financial Statement -

Each spouse sign a separate statement - sign twice, once in front of a notary

If seeking spousal support, include additional information Vital Statistics Form - no signature required; clerk will complete Application for Child Support and Income Withholding Services - Only if seeking spousal support

Both spouses sign a separate form

Acceptance of Service - Your spouse signs in front of a notary Copies - make 2 copies of each document

You must carefully read and follow all instructions. Follow each step completely.

Print only on one side of the page (no double sided). Sign all documents in blue ink.

FILING INSTRUCTIONS

Step 1 Review, Print & Sign the Forms

Petition for Divorce – you sign and date twice, once in front of a notary

Petitioner’s Civil Case Information Statement – you sign and date

(clerk needs 3 copies)

Financial Statement – each spouse sign a separate statement--two signatures, one in front of a notary; if seek spousal support, attach additional information*

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Vital Statistics Form - no signature required; clerk will complete Application for Child Support and Income Withholding Services – both spouses sign a separate form, but use only if seeking spousal support

* The following must be attached to the Financial Statement. 1. A copy of the 3 most recent wage or salary stubs showing gross pay, deductions for taxes and other items, and net pay for a normal pay period, and for the year-to-date;

2. Copies of your and your spouse’s complete income tax returns for the two years immediately preceding the date the Petition was filed, together with copies of the federal Form W-2 for those years; and a copy of the Form W-2 for the most recent year for which that form is available, even if a tax return has not yet been filed for that year;

3. For self-employed persons and business owners, a copy of the current financial statement showing gross income, expenses, and net income; 4. Copies of any invoices or receipts showing the cost of any extraordinary medical expenses for the party or the children, any child care expenses, and any expenses necessitated by the special needs of the children. Step 2 Copy and File the Completed Documents with the Court You now need to make copies and file the originals with the court clerk to begin your divorce.

Make 2 copies of each of the forms in Step 1. One copy is for you, one copy is for your spouse and if you want you can make a third copy for the court.

Take the originals and the copies of all the forms listed in step 1 to the clerk of the Family Court in the county where your spouse lives or where you and your spouse last lived together.

Tell the clerk you want to file for a divorce.

You will need to pay the filing fee and the fees for the parenting course or file for a waiver of the fees.

Give the clerk all of the original forms and the copies. The clerk will give you a case number and process the forms, returning the copies to you. One copy is for you, one copy is for our spouse and the other copies are for the court if the judge requests, otherwise they are extras.

The clerk will issue a Summons.

Check with the clerk if there are any other papers required at this time. Ask the clerk the name of the judge assigned to your case and when you can set a hearing.

Ask the clerk about parenting class requirements and what you need to do to fulfill them.

Use the following checklist to verify when things are done. Check each box when the item is completed.

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Task Forms

signed

Forms

Copied

Forms

Filed

Filing Fee

Paid

Completed

SERVING YOUR SPOUSE

Step 3 Serve your Spouse with the Filed Documents

You must now have your spouse served one copy of the Petition for Divorce which should have been stamped by the clerk and have the case number on it. Service must be done in one of the following ways. Acceptance of Service. Your spouse signs an Acceptance of Service form in front of a notary public. The form with your spouse’s original signatures with notary is then filed with the Clerk. Personal Service, either by the Sheriff or by private process server. The Sheriff’s office will serve your spouse, or you can hire a private process server. There is typically a fee for this.

Certified Mail. The clerk’s office will mail the forms to your spouse for a fee.

Publication. If you cannot provide notice of the divorce to your spouse under either (a), (b), or (c), then you may be able to provide notice of the divorce by publishing notice in a local newspaper. It is your responsibility to make certain that proof of service was filed with the Court.

Use the following checklist to verify when things are done. Check each box

(if applicable) when the item is completed.

Task

Spouse

Served

Papers

Proof of

Service Filed

With Court

Spouse

Signed

Waiver

Waiver

Filed with

Court

Completed

FINAL FILING

Step 4 Finalizing your Divorce

Your spouse has 20 days to file an answer from the day service was made (unless it was service by publication).

Typically, the court will send you a scheduling order which will set a schedule which you must comply with. You may need to subpoena any witnesses you want to testify.

Check with the clerk if you are required to do anything before the hearing.

You and any corroborating witness(es) will need to appear in court at the date, time and place of the hearing. Depending on the county requirements, either the judge will ask questions of you and your witnesses, or you will need to present your case and ask questions. This 1.

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may be the only hearing, or the court could schedule another hearing. The court will inform you if another hearing is needed. Your divorce is not final until it is signed by the judge and filed with the court.

Use the following checklist to verify when things are done. Check each box when the item is completed.

Task Forms

signed

Forms

Copied

Forms

Filed

Spouse

Served

Papers

Judge

Signed

Decree

Completed

5.

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