If you are going to start an uncontested divorce in West Virginia without an attorney, you may feel confused because of the amount of paperwork, the specifics of the divorce documents preparation, and the filling-out process in general. This article describes standard West Virginia family court forms in detail. Thus, you can check what forms you should look for on the court website and download the needed WV divorce papers in PDF.
Petition for Divorce: SCA-FC-101
A Petition for Divorce is a form required to initiate a marriage termination process. A petitioner prepares it as the official request to the court to end a marriage. It provides the court with information about the parties involved and the grounds for divorce.
A Petition for Divorce typically includes the names and addresses of spouses, information on where the marriage was registered, data about children, if any, etc. A petitioner needs to specify the grounds for divorce, which can be either no-fault, like irreconcilable differences, or fault-based, such as adultery, cruelty, or abandonment.
A petitioner must file this paper and other documents with the family court in the county where either spouse lives or where they last lived together. It is important to fill out all forms accurately to avoid potential delays or complications in the divorce process.
Petitioner’s Civil Case Information Statement: SCA-FC-103
This form outlines the basic details of a divorce case, such as:
- Personal Information – full names of both spouses, their current address, contact details, and other identifying information.
- Children involved. If a couple has children, a petitioner must disclose relevant details about them, including their names, dates of birth, and Social Security numbers.
- Type of case relief.
- Information on whether a respondent is represented by a lawyer, etc.
Vital Statistics Form: SCA-FC-104
The form contains major information about spouses, children, and general marriage data. The details required to fill out are the full names, addresses, dates of birth, Social Security numbers of both parties, and information on where and when a marriage took place. As for child-related info, you must write the full names of kids under 18 and their dates of birth.
BCSE Application and Income Withholding Form: SCA-FC-113
This form should be filled out in several specific cases, for example:
- To apply for child support. When spouses with minor children decide to get divorced, they should make child support arrangements that will meet the child’s best interests. The BCSE helps in determining and enforcing child support payments to meet the financial needs of kids.
- To request an Income Withholding Order, which requires the paying spouse’s employer to deduct child support payments directly from their wages. It helps reduce the risk of missed or late payments.
The BCSE Application and Income Withholding Form includes personal information of spouses, information about children, and data on income and expenses to determine the appropriate child and/or spousal support amount. The form is typically filed by the custodial parent and submitted to the BCSE for processing.
Acceptance of Service: SCA-FC-105
Acceptance of Service denotes that the party receiving the divorce papers, known as a respondent, is aware of the divorce process and has been officially served with the necessary legal documents.
This form consists of a single page and includes the respondent’s name, address and phone number, and the number assigned to the divorce case.
Besides, Acceptance of Service contains a section where a respondent acknowledges receipt of the divorce papers by signing and dating the document. This signature proves that the respondent has been informed about the divorce.
Financial Statement: SCA-FC-106
This document provides detailed information on the financial situation of both spouses involved in the divorce. It outlines each spouse’s income, expenses, assets, and debts. A petitioner and a respondent have to disclose their earnings from various sources, such as employment, investments, etc. Besides, they have to present their monthly expenses, including but not limited to housing, utilities, insurance, education, and childcare expenses.
Moreover, the document requires disclosure of all assets, such as real estate, vehicles, bank accounts, retirement accounts, and personal belongings, along with their approximate values. It is also necessary to specify debts such as mortgages, loans, credit card balances, and other financial obligations.
It is crucial to provide detailed and correct information so that the court can make informed decisions regarding alimony, property division, and child support to protect the interests of the parties involved.
Notice of Hearing: SCA-FC-107
Notice of Hearing is used to inform a petitioner and a respondent about the hearing date on their case. It indicates the court where the case is being reviewed, the names of both parties, the case number, and the date and time when the hearing will take place.
Affidavit of Unknown or Out of State Residency: SCA-FC-110
The document contains the name and the residency status of a respondent. It specifies whether they live out of state, with their last address known. A petitioner may also indicate that the sheriff was unable to serve the other spouse or that their whereabouts are unknown.
The party initiating a divorce is responsible for filing this affidavit to show that they can’t serve the documents to the other party because their current location is unknown. In such a case, the court may issue a default judgment.
Order of Publication: SCA-FC-111
Order of Publication is prepared to notify a defendant about the divorce proceedings when their whereabouts are unknown, or they reside out of the state. It informs a respondent about the consequences of failure to provide an answer and the clerk’s office where they can find the copy of the divorce petition.
Order of Publication further specifies that the divorce proceedings will continue even if the missing spouse doesn’t respond to the petition. It is sufficient legal notice.
After a petitioner has filed the document with the court, it is published in a local newspaper in the area where the missing spouse was last known to reside. If there is no response, the court can grant the divorce in the defendant’s absence, taking into consideration the information provided by the filing party and any evidence presented during the proceedings.
Waiver for Military Servicemembers: SCA-FC-115
The Waiver for Military Servicemembers addresses unique circumstances that can arise when one or both spouses serve in the military.
The primary purpose of the SCA-FC-115 waiver is to acknowledge the rights of military servicemembers under the Servicemembers Civil Relief Act (SCRA). This federal law provides certain legal protections to active-duty military members to prevent civil actions, including divorce, from proceeding without their knowledge or involvement.
The SCA-FC-115 waiver is typically filed by the military servicemember, indicating their willingness to proceed with the divorce while they are on active duty.
Certificate of Service: SCA-FC-314
Certificate of Service determines that all parties involved in the divorce proceedings are formally notified about the legal actions being taken.
This document serves as proof that the responding spouse has been properly informed about the divorce process. Certificate of Service includes the name of a party being served, the type of service, the county, and the date when the papers were received.
Prepare Virginia Divorce Forms Online
If you want to file for divorce in WV without a lawyer but have a hard time trying to understand which documents to prepare and how to fill them out properly, there is a great way out. You can order the needed documents from an online divorce service. To do so, complete a questionnaire on your divorce case, and our system will analyze your data and generate forms suitable for your specific situation. You will only have to print out, sign, and submit the ready forms to the court.
We offer affordable and quick assistance with document preparation to all couples who are in complete agreement on the marriage termination terms and want to file for divorce without a lawyer to save money on costly legal representation.
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.