WEST VIRGINIA Part 5

Service by certified mail: this service must be organized by the clerk’s office and then mailed to the Respondent with a return recipient request. This recipient request will become an important record in the divorce action because it explains that the Respondent was served with the divorce papers.

Service by publication: this is a last resort and should only be used when the Respondent cannot be found, or the respondent lives out of state and refuses to accept service by mail. Service by publication can only occur if the Petitioner has made a very significant effort to find and serve the Respondent; if the search is fruitless, the Petitioner then must file an Affidavit of Non-residency. Once this affidavit is filed, the deputy clerk fills out an Order for Publication which allows the Petitioner to publish service and subsequently gives the Respondent 30 days to respond.