Form Sca Fc 101 – Fill Out and Use This PDF

The SCA-FC-101 form is a crucial document for those seeking a divorce in the Family Court of West Virginia. It comprehensively covers the necessary information required for filing for divorce, including residency requirements, details about children of the marriage, the division of property, and requests for spousal or child support. This form requires the petitioner to provide detailed information to support their request for the dissolution of marriage, making it a foundational step in the legal process of obtaining a divorce in West Virginia. For those ready to proceed, fill out the form by clicking the button below.

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Form Sca Fc 101 PDF Details

When couples in West Virginia decide that their paths no longer run together, they may find themselves navigating the process of filing for divorce through the SCA-FC-101 form, a vital document for initiating divorce proceedings in the state's Family Court. This comprehensive form serves as a petition for divorce, requiring the petitioner to affirm under oath that the provided information is true to their knowledge. It covers a broad spectrum of considerations, from residency requirements ensuring at least one party has lived in West Virginia for over a year, to more sensitive queries regarding the presence of domestic violence, the state of shared children, and even the involvement of either party in the military services. Detailing the marriage details, including where and when the couple was married and subsequently separated, the form also delves deeply into the living arrangements and welfare of any children involved, their health insurance coverage, and past proceedings related to custodial responsibilities. Furthermore, it addresses the distribution of shared property and debts accumulated during the marriage, spousal support, and the petitioner's desire to resume using a pre-marriage surname. With checkboxes and spaces for detailed explanations, the SCA-FC-101 form encapsulates the complexities of divorce, guiding petitioners through the legal landscape towards a formal separation, while ensuring the well-being and fair treatment of all parties involved, especially children.

Question	Answer
Form Name	Form Sca Fc 101
Form Length	7 pages
Fillable?	No
Fillable fields	0
Avg. time to fill out	1 min 45 sec
Other names	cohabitation, caretaking, West_Virginia, printable sca fc 101

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IN THE FAMILY COURT OF

IN RE:

The Marriage / Children Of:

Petitioner (First/Middle/Last)

COUNTY, WEST VIRGINIA

Civil Action No.

(Completed by Circuit Clerk's Office.)

and

Respondent (First/Middle/Last)

	PETITION FOR DIVORCE
I,	, the Petitioner, upon oath, state that the following facts

and allegations 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.

Check the boxes and fill in the blanks for all items that apply to your case.

YES	NO Are you currently a party to a domestic violence proceeding?

1. Petitioner has been a resident of West Virginia for more than one year prior to filing this divorce case.

Respondent has been a resident of West Virginia for more than one year prior to the filing of this divorce case.

Petitioner and Respondent were married in West Virginia, and at least one of them resides in West Virginia at this time.

2. This action is being brought inCounty, West Virginia because:

This is the county where the Petitioner and Respondent last lived together as spouses.

This is the county where the Respondent now resides.

This is the county where the Petitioner now resides, and the Respondent is not a resident of West Virginia.

Other reasons: (Explain)

SCA-FC-101: Petition For Divorce	Page 1 of 7
	Page 1 of 7
Review Date: 05/2014; Revision Date: 05/2014;	WVSCA Approved: 06/17/2014

3. Petitioner currently resides in

County, West Virginia.

4.Respondent currently resides: (Check only one of the following three items.)

InCounty, West Virginia.

At an address unknown to the Petitioner.

Out of state, where the last known address was

5. Petitioner and Respondent were married in

County, in the state of

, on the

day of

6. Petitioner and Respondent last lived together as spouses in

County, in the state

at the address of

Petitioner and Respondent separated on the

day of

, and

that separation has been continuous and uninterrupted since that date.

7.	YES	NO	a. Is either party to this case under the age of eighteen?
	YES	NO	b. Is either party to this case currently serving on active duty with the military services of
			the United States?
	YES	NO	c. Is either party to this case legally incompetent?
	YES	NO	d. Is either party to this case currently incarcerated?

8.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 Petition, "the children" always means the children whose names you just listed.

A child is currently expected, and the estimated date of delivery is		/	/	.
SCA-FC-101: Petition For Divorce					Page 2 of 7
Review Date: 05/2014; Revision Date: 05/2014;	WVSCA Approved: 06/17/2014				Page 2 of 7
Review Date: 05/2014; Revision Date: 05/2014;	WVSCA Approved: 06/17/2014

9. The children currently live with:

Petitioner

Respondent .

Another person, or persons, whose name(s) and address(es) are:

10.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

Date of Residence

11.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.

12.Answer all of the following questions.

YES

NO a. Has the Petitioner been a party or witness in any other proceeding, in any state, concerning the allocation of custodial responsibility for the children?

NO b. Is the Petitioner aware of any other proceeding, past or present, in any state,

concerning allocation of custodial responsibility for the children?

NO c. Is the Petitioner aware of any person other than the parties to this case who has physical custody of or claims any custodial right concerning the children?

SCA-FC-101: Petition For Divorce	Page 3 of 7
	Page 3 of 7
Review Date: 05/2014; Revision Date: 05/2014;	WVSCA Approved: 06/17/2014

13.Check all of the following items that apply.

The children have resided in West Virginia for at least 6 months immediately preceding the filing of this case, or from birth if less than six months old.

The Petitioner believes it is in the best interest of the children for a West Virginia court to assume jurisdiction of this case, because one or both parents have a significant connection to West Virginia, and West Virginia is the location of a substantial number of witnesses and/or other sources of evidence relating to the children's care and upbringing.

The children are now present in West Virginia, and have been abandoned here.

The children are now present in West Virginia, and the Petitioner believes it is necessary for a West Virginia court to assume jurisdiction of this case on an emergency basis to protect the children, because the children have been subjected to or threatened with mistreatment or abuse, or have otherwise been neglected, or are depending on persons other than their parents.

The Petitioner believes no other state has jurisdiction over this case, and it would be in the children's best interest for a West Virginia court to assume jurisdiction.

Another state has declined to assume jurisdiction over this case on the ground West Virginia is the best place to decide matters relating to the allocation of custodial responsibility for the children, and for this reason, the Petitioner believes it would be in the children's best interest for a West Virginia court to assume jurisdiction.

14.Check all of the following items that apply to your case.

Prior to the separation, both parents performed a reasonable share of the caretaking and parenting functions for the children. For this reason, the Petitioner believes it is appropriate for the parents to continue to share the authority for making significant decisions relating to the children's care and upbringing. The Petitioner also believes custodial responsibility for the children should be allocated in proportion to the time each parent spent in caretaking and parenting functions before the separation.

Prior to the separation, the Petitioner performed most, if not all of the caretaking and parenting functions for the children. For this reason, the Petitioner believes it is appropriate for the Petitioner to have sole authority for making significant decisions relating to the children's care and upbringing. The Petitioner also believes custodial responsibility for the children should be allocated between the parties in proportion to the time each parent spent performing caretaking duties prior to the parties' separation.

15.Check all of the following items that apply to your case. The Respondent has:

Abused, neglected, or abandoned one or more of the children.

Sexually assaulted or abused one or more of the children.

Engaged in acts of domestic violence.

Repeatedly interfered with Petitioner's access to or contact with the children.

Repeatedly made false reports or accusations of domestic violence or child abuse.

SCA-FC-101: Petition For Divorce	Page 4 of 7
	Page 4 of 7
Review Date: 05/2014; Revision Date: 05/2014;	WVSCA Approved: 06/17/2014

15.(continued) Check all of the following items that apply to your case. For these reasons, the Petitioner believes:

It is in the children's best interest that the authority for making significant decisions relating to the children's care and upbringing be allocated to the Petitioner alone.

The court should impose limits on the Respondent's custodial responsibility for, and contact with, the children.

The Respondent should not be allocated any custodial responsibility, or permitted any contact with the children unless the court specifically finds such custodial responsibility or contact will not endanger the children, or the Petitioner.

16. Petitioner is in need of spousal support.

17. Petitioner is in need of support for the minor children.

18. Over the course of the marriage, the Petitioner and Respondent have accumulated marital property and/or debts which the Court will have to divide.

19.

Petitioner wishes to resume using the name

20.Irreconcilable differences have arisen between the parties.

21. The parties have lived separate and apart without cohabitation for one year or more.

22. The Respondent has inflicted cruel and inhuman treatment upon the Petitioner which has destroyed or

tended to destroy the mental or physical well-being of the Petitioner, and which renders continued cohabitation with the Respondent unsafe and unendurable.

23. Other grounds for divorce:

(Consult the Code of West Virginia for information regarding the grounds for divorce.)

THEREFORE, the Petitioner asks the Court to 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 Petitioner.

Order the Respondent to pay support for the minor children.

Order the Respondent 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 Respondent 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		.

SCA-FC-101: Petition For Divorce		Page 5 of 7

Review Date: 05/2014; Revision Date: 05/2014;		WVSCA Approved: 06/17/2014

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 Petitioner the exclusive use, possession, and ownership of the following marital property:

Description of Property	Estimated Value

	$

	$

	$

	$

	$

Order that the Petitioner be held solely responsible for the following debts:

Description of Debt	Amount Owed

	$

	$

	$

	$

	$

Order that the Respondent be held solely responsible for the following debts:

Description of Debt	Amount Owed

	$

	$

	$

	$

	$

Prohibit the Respondent from conveying or otherwise disposing of any marital property prior to the time the Court divides the property.

Grant Petitioner the right to resume using the name

Prohibit the Respondent from annoying, abusing, threatening, or interfering with the personal liberty and safety of the Petitioner.

SCA-FC-101: Petition For Divorce	Page 6 of 7
	Page 6 of 7
Review Date: 05/2014; Revision Date: 05/2014;	WVSCA Approved: 06/17/2014

Grant this other relief:

_________________________________________	___________________________________
Petitioner's Signature	Date

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 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: __________________________________________.

SCA-FC-101: Petition For Divorce	Page 7 of 7
	Page 7 of 7
Review Date: 05/2014; Revision Date: 05/2014;	WVSCA Approved: 06/17/2014

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2. Your next stage is usually to submit these particular blanks: YES, NO Are you currently a party to a, Petitioner has been a resident of, Petitioner and Respondent were, This action is being brought in, County West Virginia because, This is the county where the, This is the county where the, This is the county where the, and Other reasons Explain.

Petitioner and Respondent were, YES, and This is the county where the of false

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false writing process outlined (portion 4)

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Form Sca Fc 101 – Fill Out and Use This PDF

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