How to Prepare for Divorce in West Virginia
Preparing for divorce in West Virginia can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.
Understanding Divorce Laws in West Virginia
Fault Type
Both fault and no-fault
Waiting Period
None required (1 year separation for no-fault)
Property Division
Equitable distribution
Residency Requirement
1 year in WV (or married in WV)
- West Virginia allows both fault and no-fault divorce.
- No-fault divorce requires 1 year of separation.
- Fault-based divorce can proceed without separation.
How to Prepare for Divorce in West Virginia
⚖️ Legal Preparation
- Collect marriage certificates, prenuptial agreements, and prior court orders
- Understand residency requirements (1 year in WV (or married in WV))
- Decide whether an attorney or mediator best fits your situation
- Research West Virginia's both fault and no-fault divorce options
💰 Financial Preparation
- List all assets, debts, and income sources
- Gather tax returns (last 3–5 years)
- Open accounts in your own name
- Document all shared accounts and credit cards
West Virginia divides marital property equitably. Courts presume equal contribution during marriage.
👨👩👧👦 If You Have Children
- Learn West Virginia custody standards
- Document children's schools, healthcare, and activities
- Consider ideal custody schedules
- Gather records of parenting involvement
West Virginia courts prioritize the child's best interest and consider parental fitness.
🔐 Personal & Digital Preparation
- Secure passwords and financial access
- Preserve important communications
- Build emotional and logistical support
- Create copies of important documents
West Virginia Divorce Resources
Stay Organized with Divorce Diary
Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during West Virginia's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.
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