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FC108 (West Virginia Supreme Court of Appeals)

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SCA-FC-108: Answer to Divorce Petition
Review Date: 05/2014; Revision Date: 05/2014; WVSCA Approved: 06/17/2014
Page 1 of 5
IN THE FAMILY COURT OF
COUNTY, WEST VIRGINIA
Civil Action No.
IN RE:
The Marriage / Children Of:
Petitioner (First/Middle/Last)
,
and
Respondent (First/Middle/Last)
.
ANSWER TO DIVORCE PETITION
YES
NO
Are you currently a party to a domestic violence proceeding?
In answer to the Petition for Divorce, the Respondent says the following:
1.
The Respondent admits irreconcilable differences exist between the Petitioner and the Respondent.
2.
The Respondent admits all of the allegations in the Petition except the matters contained in the items
numbered:
.
3. The Petitioner and Respondent are the parents of:
No children were born during this marriage; and no children are expected.
The children whose names and dates of birth are:
Name Date of Birth
/
/
/ /
/ /
/ /
Name Date of Birth
/
/
/ /
/ /
/ /
In the rest of this Answer, "the children" always means the children whose names you just listed.
A child is currently expected, and the estimated date of delivery is
/ /
.
4.
The children currently live with:
Petitioner Respondent
.
Another person, or persons, whose name(s) and address(es) are:
.
SCA-FC-108: Answer to Divorce Petition
Review Date: 05/2014; Revision Date: 05/2014; WVSCA Approved: 06/17/2014
Page 2 of 5
5.
During the last five years, if any of the children have lived at addresses other than their current address, use
the following space to list where they lived, and for how long. If there is not enough room in the following
space, use an additional sheet of paper.
I have attached additional sheet(s).
Child's Name Address Dates of Residence
6.
Who provides health insurance for the children?
Petitioner
Respondent
Medicaid
WV CHIP
Another person, whose name and address is:
.
The children DO NOT have health insurance coverage.
The West Virginia Children's Health Insurance Program (WV CHIP) can help parents obtain free
or low cost health care for their children. For more information, call 1-877-982-2447, or ask the
Family Court staff about WV CHIP.
7.
YES NO
a. Has the Respondent been a party or witness in any other proceeding, in any state,
concerning the allocation of custodial responsibility for the children?
YES
NO
b. Is the Respondent aware of any other proceeding, past or present, in any state,
concerning allocation of custodial responsibility for the children?
YES NO
c. Is the Respondent aware of any person, other than the Petitioner and Respondent, who
has physical custody of, or claims any custodial right concerning the children?
Answer all of the following questions.
SCA-FC-108: Answer to Divorce Petition
Review Date: 05/2014; Revision Date: 05/2014; WVSCA Approved: 06/17/2014
Page 3 of 5
THEREFORE, the Respondent asks that the Court grant a divorce, and to grant such other relief as the
Court considers proper, including the matters specifically stated below:
Approve the Proposed Parenting Plan filed by the Respondent.
Order the Petitioner to pay support for the minor children.
Order the Petitioner to maintain health insurance coverage on the children, if reasonably available,
and to assist with reasonable health care expenses not covered by insurance or by a government
medical card.
Order the Petitioner to pay spousal support.
Make a fair and equitable division of marital property.
Award the
Petitioner / Respondent
the exclusive use and possession of the marital home
located at
.
Award the
Petitioner/
Respondent the exclusive use and possession of the following motor
vehicles:
.
Award the
Petitioner/
Respondent
the exclusive use and possession of the furniture, furnishings
and appliances located in the marital home.
Award the Respondent the exclusive use, possession and ownership of the following marital property
Description of Property Estimated Value
$
$
$
$
$
Order that the Respondent be held solely responsible for the following debts:
Description of Debt Amount Owed
$
$
$
$
$
SCA-FC-108: Answer to Divorce Petition
Review Date: 05/2014; Revision Date: 05/2014; WVSCA Approved: 06/17/2014
Page 4 of 5
Order that the Petitioner be held solely responsible for the following debts:
Description of Debt Amount Owed
$
$
$
$
$
Prohibit the Petitioner from conveying or otherwise disposing of any marital property prior to the time
the Court divides the property.
Grant Respondent the right to resume using the previous name
.
Prohibit the Petitioner from annoying, abusing, threatening, or interfering with the personal liberty and
safety of the Respondent.
Grant this other relief:
_________________________________________
Respondent's Signature
___________________________________
Date
SCA-FC-108: Answer to Divorce Petition
Review Date: 05/2014; Revision Date: 05/2014; WVSCA Approved: 06/17/2014
Page 5 of 5
You must sign the following Verification before a Notary Public or Deputy Circuit Clerk.
VERIFICATION
I, _________________________________________, after making an oath or affirmation to tell the truth,
say that the facts I have stated in this Answer To Divorce Petition are true to the best of my personal
knowledge and belief; and if I have provided information given to me by others, I believe that information to
be true.
_________________________________________
Signature
___________________________________
Date
This Verification was sworn to or affirmed before me on the _______ day of ___________________, 20_____.
_________________________________________
Notary Public / Other Official
My commission expires: __________________________________________.
State of West Virginia
County of ______________________________
I, ____________________________________, state that I mailed my Answer to Divorce Petition by
first class United States Mail, postage paid, to ____________________________________, at the address of
________________________________________________________________________________________,
on the _______ day of _____________________________, 20_____.
CERTIFICATE OF SERVICE
_________________________________________
Signature
___________________________________
Date
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Completed 25 July 2020

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