Divorce Guide

Divorce Guide


West Virginia Divorce Rights


All the states in the USA require the petitioner to be a resident of the state for a specified period of time. West Virginia divorce rights also make it mandatory for either of the spouses to be a resident of the state for a period of at least one year. This residency requirement of one year could be waived if the marriage of the couple took place in West Virginia.

West Virginia grounds for divorce

West Virginia divorce rights have divided the grounds, on the basis of which a divorce could be sought into two categories. Fault grounds and no fault grounds are these two categories. Cases in which the two parties have been living separately for a period of one year and some irreconcilable differences have occurred between them, the grounds would be counted under the no fault category.

Adultery, conviction of felony, incurable and permanent insanity, bodily harm, homosexuality, habitual drunkenness and willful neglect and abuse of the spouse are some of the other grounds on the basis of which a spouse can seek divorce with the help of the court. These cases are counted under the fault grounds as described by West Virginia divorce rights.

The petitioner is required to file the petition in the circuit court of the county concerned. Also the petitioner is required to submit a petition for divorce and a decree of divorce. Civil case information sheet, marital settlement agreement, the entire summons and verification and a financial statement is also required at the time of filing the petition for divorce.

West Virginia Property Rights in Divorce

West Virginia divorce rights recognize West Virginia as an equitable distribution state. According to the principle of equitable distribution of property, the court distributes the property and resources of the couple in an equitable and fair manner. Factor such as the contribution of any party in the acquisition of property during the marriage period is given high preference while distributing the property.

West Virginia Alimony Support

Spousal support is the issue which is given due recognition by West Virginia divorce rights. Spousal support is not awarded in all the cases of divorce; it however depends on the merit of the case. In certain cases, it becomes necessary to provide an alimony award to a party. Length of the marriage, employment and vocational skills, earning capacities, age, physical and mental health of the parties, educational qualifications, tax consequences and other legal obligations are some of the factors which influence the amount and duration of the alimony award in the state of West Virginia.

Cases in which a minor child is involved, West Virginia divorce rights make every possible effort to minimize the physical and emotional trauma that the child may experience after the divorce. West Virginia divorce rights hence support the income shares model so as to define the amount and period of support expected to be provided to the child. Child support guidelines are followed by the state while deciding on the issue of child support.


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