The type of divorce – contested or not – and the involvement of minor kids impact the duration of the process and the amount of paperwork spouses have to deal with. A basic McDowell County divorce packet that is needed in any divorce case usually includes the following forms:
1) Petition for Divorce
This is a form that a petitioner files to start a divorce process. It contains information about the case, such as full names of both spouses, current addresses and contacts, place and date of marriage, and the ground for seeking marriage termination. It also focuses on the basic divorce terms such as division of properly, child-related matters, etc.
2) Vital Statistics Form
It is a form used to update the Division of Vital Statistics about a petitioner’s and respondent’s personal information, place of marriage, and whether minor children are involved in the case.
Download Vital Statistics Form
3) Notice of Hearing
With this form, the other party is notified about the court hearing, where divorce issues will be decided. It specifies the date, time, and location of the hearing.
4) Certificate of Service
This document shows the court that a petitioner has notified the other spouse about a divorce case initiated. It means a respondent received a summons with information about their right to prepare the answer to the divorce petition and the deadline for doing so, which is typically 20 days.
Download Certificate of Service
5) Financial Statement
This is a detailed document that contains the financial information of both spouses. Partners must disclose data about their income, expenses, assets, and debts for the court to make fair decisions considering joint property division, child support, and alimony.
When completing the form, spouses will need to use investment account extractions, tax returns, bank statements, etc. Such papers serve as valid proof of what is specified in the Financial Statement.
Please, note that this is NOT a complete listing of all divorce forms. We will provide you with all necessary court-ready forms for your personal case.
Spouses that have minor kids also need to include in a divorce kit forms on child-related issues, which may include:
6) Documents Related to Child Custody and Support
It is necessary to determine which parent will have legal and physical custody and how often the other parent will be allowed to spend time with a kid. Also, spouses should decide on each parent’s financial obligations in terms of child support, including the amount to be paid and the payment schedule. Such decisions are made with a focus on the best interests of a child to ensure their well-being and stability.
7) Parenting Plan
The document covers various aspects of parenting, such as the custody schedule, visitation arrangements, and decision-making authority for important aspects of the child’s life, including education, healthcare, and extracurricular activities.
There is no universal Parenting Plan as it is developed based on the unique needs and circumstances of the family, taking into account the child’s age, preferences, and developmental needs.
How to File Divorce Papers in McDowell County?
To file for divorce in McDowell county, you need to complete the following steps:
- Collect the required information about your case and complete divorce forms. You can do it yourself, hire a lawyer, or order the papers from a certified online service that helps with document preparation.
- Submit divorce forms to the clerk and pay a filing fee. The clerk will then assign your case a number.
- Serve copies of divorce papers to your spouse. You can do that by hiring a sheriff or process server. Alternatively, you can ask a third party over 18 to deliver papers. Make sure a delivery person files an affidavit of service with the court.
- Wait for an Answer from your spouse. If a defendant doesn’t answer within the allocated 20 or 30 days, depending on the service type, a court can enter a default judgment, which means that the decisions will be based on a petitioner’s claims, without respondent’s involvement.
- Attend the court hearing if needed. This stage is usually unavoidable in contested cases but may be skipped in amicable, uncontested marriage dissolution if spouses include a settlement agreement into a divorce package, and a judge approves it.
- Wait for a judge to sign a Final Order. This is when the divorce is considered legally finalized.
Where to File Divorce Papers in McDowell County?
To find out where to file your divorce papers, check the information below on McDowell County divorce courts:
| County | Court | Address |
|---|---|---|
| McDowell County | District Court | 90 Wyoming Street, Welch, WV 24801 |
How Much Does It Cost to File Divorce Papers in McDowell County?
The divorce filing fee is currently around $150 in the state. If spouses are going to prepare and file documents for an uncontested divorce themselves and go through the process without any third-party help, they can avoid high divorce lawyer’s costs. In such a case, all divorce expenses can be reduced to the court filing fee for divorce and costs of serving the other party, which are around $20-$25.
However, many couples are not ready to deal with complicated legal paperwork without expert help because it takes much time and effort. Many of them delegate document preparation to trustworthy online services.
If you want to get the ready-to-file divorce papers within several business days, we’ll be glad to help you. Just fill out the questionnaire on our website and wait till our advanced system generates your case-specific forms.
Laura Fisher is a writer and a counselor, driven to her profession by her own personal experience. Almost twenty years ago, she found her life dramatically shifting due to a painful divorce. This trauma sparked a desire to assist others navigating similar challenges, leading her back to school to pursue a psychology degree. Over the past decade, Fisher has established a successful practice, and written plenty of articles helping divorcees heal and change their lives for the better.
