Legal Information

Guided Self Help Forms- Divorce and Custody Modification

Child Custody & Parenting Plans, Divorce, Separation, & Annulment

Last updated on 05/28/2021 at 5:34 pm

Welcome to Legal Aid of West Virginia’s FREE Guided Self-Help Forms. The LawHelp system will guide you through the process of creating the court papers you need to file your own divorce or custody case in West Virginia family court.

The system is easy. You will go through a series of screens with questions about you and your case. All you do is answer the questions on the screen, then move to the next screen. When you’re finished, the LawHelp system will insert your information into standard form court documents ready for you to print and use.

Getting Started:

At the end:

View all guided self-help forms.

Don’t know which forms you need to fill out?

Divorce: What forms do I need to complete to file a divorce or answer a divorce?

Here is some basic information about which forms you need to fill out. If you need more information you should read the Divorce Packet Instructions or talk to a lawyer. 

Form:When to fill it out:
Acceptance of ServiceIf the person responding to the divorce (Respondent) voluntarily accepts the divorce papers or picks them up from the Circuit Clerk’s Office
Affidavit of Unknown or Out of State ResidencyIf you do not know the address of the Respondent or the Respondent lives out of state
Affidavit to Withhold Identifying Information>If you believe the safety, liberty or health of you or your children would be at risk if the other side would learn your address and telephone number from the forms
BCSE Application & Income WithholdingIf children are involved, or either party is asking for spousal support
Certificate of ServiceIf you need to send a copy of forms to the other side.
NOTE: You do not fill this out if you are filing the Divorce Petition (Petitioner). You should fill it out for all other paperwork after the Petition is filed.
Civil Case Information SheetIn all divorces
Divorce Petition and Answer (Instructions)In all divorces
Financial Statement– Guided Form is not available but this links to the WV Supreme Court Form. In all divorces
Motion to Adopt Individual Proposed Parenting PlanIf children are involved
Notice of HearingIf you have a hearing date and the Family Court asks you to send “Notice of Hearing” to the other side. 
Order of PublicationIf you cannot serve the Respondent in person
Parenting Plan (Instructions)If children are involved
Vital StatisticsIn all divorces
Waiver for Military ServicemembersThis form should be reviewed by military servicemembers in active service
Worksheet for Individual Proposed Parenting PlanIf children are involved

Modifying or Changing Custody: What forms do I need to complete to file a custody modification case?

Here is some basic information about which forms you need to fill out. If you need more information you should read the Custody Modification Packet Instructions or talk to a lawyer. 

Form:When to fill out:
Acceptance of ServiceIf the person responding to the custody case (Respondent) voluntarily accepts the papers or picks them up from the Circuit Clerk’s Office
Affidavit of Unknown or Out of State ResidencyIf you do not know the address of the Respondent or the Respondent lives out of state
Affidavit to Withhold Identifying InformationIf you believe the safety, liberty or health of you or your children would be at risk if the other side would learn your address and telephone number from the forms
BCSE Application & Income WithholdingIf children are involved
Certificate of ServiceIf you need to send a copy of forms to the other side.
NOTE: You do not fill this out if you are filing the Custody Modification Petition (Petitioner). You should fill it out for all other paperwork after you file the Petition. 
Civil Case Information SheetIf you are the person filing the Custody Modification case.
Financial Statement– Guided Form is not available but this links to the WV Supreme Court Form.In all custody cases
Motion to Adopt Individual Proposed Parenting PlanIn all custody cases
Petition for ModificationIn all custody modification cases 
Notice of HearingIf you have a hearing date and the Family Court asks you to send “Notice of Hearing” to the other side.
Order of PublicationIf you cannot serve the Respondent in person
Parenting Plan (Instructions)In all custody cases
Waiver for Military ServicemembersThis form should be reviewed by military servicemembers in active service
Worksheet for Individual Proposed Parenting PlanIn all custody cases