Get West Virginia Divorce Laws

West virginia divorce laws
The West Virginia divorce laws can seem quite complicated at first. But the essentials of the law are fairly simple when put into plain language. This article will take some of the confusion out of the process for you by covering all the most important aspects of divorce law in West Virginia. You’ll learn whether or not you qualify to file for divorce in West Virginia, the grounds under which you can file for divorce, and what will happen regarding important matters in your marriage such as property and children.

First, let’s cover the state residency requirements under West Virginia divorce laws – remember, if you don’t meet these minimum requirements your case will cannot be heard by a court in this state.

As long as the marriage itself took place in West Virginia, you can file for divorce as long as either you, your spouse, or both are currently resident in the state. If the marriage happened outside West Virginia, a different set of rules apply.

In this case, either you or your spouse needs to have been a resident of the state at the time the incident happened which led to the divorce action (in other words, the grounds for divorce). On top of that, that spouse needs to have been a resident of West Virginia for a minimum of one year continuously prior to the filing of the divorce.

Grounds for Divorce
There are nine grounds for divorce under West Virginia divorce laws. Two of these are No Fault grounds, whereas the other seven are based on the marital misconduct of one of the spouses.

Irreconcilable differences is one grounds for divorce – this simply means you and your spouse have reached a point where the marriage can’t possibly continue to function and there is no way to resolve the problem. Also, if you and your partner have lived separately for a period of a year or more, this can be a grounds for divorce.

Now on to the fault-based grounds. The first one of these is to mention is adultery, which needs little explanation – however, it should be noted that the court will expect to see sufficient proof. If you want to get a divorce because your spouse is having an affair, you should aim to obtain some evidence, such a photographs, before you file the divorce.

Cruel and inhuman treatment is another grounds, and this can apply to both physical and emotional mistreatment. So physical intimidation falls under this category, as well as real physical violence.

If your spouse is in a mental institution and has been there for more than 3 years, and has been incurably insane by a qualified professional, this is a grounds for divorce.

Habitual use of drugs and alcohol which affect the functioning of the marriage can also be a grounds for divorce. If one spouse is convicted of any felony offense, regardless of the sentence handed down, this can also be cited as a grounds for divorce.

The other grounds for divorce in West Virginia are wilful abandonment (for 6 months or more) and deliberate neglect or abuse of children within the family, or the other spouse.

Property Distribution
Once divorce proceedings are underway, the distribution of marital property becomes a major concern. Most often these matters are settled between spouses out of court, but in the case of the dispute the court will apply the principle of equitable distribution to decide of a fair sharing of property between the spouses.

There are four major factors that guide the court’s decision. One is any action each spouse undertook during the marriage that limited his or her earning capacity (such as staying home to raise children). Two other factors are the contribution of each spouse toward acquiring the property – both by the contribution of money, and other non-monetary means. The last factor is any action taken by a spouse that may have led to the decrease in the value of property.

Child Custody
Court decisions determining custody of any children from the marriage are led in principle by the child’s best interests. Specific factors include each spouse’s willingness to maintain current bonds between the children and the other parent, the stability of the child’s life, and what will best keep the child safe from potential harm.

Child Support and Alimony
An issue closely related to child custody is child support payments. Typically, the non-custodial parent will be required to make regular child support payments under West Virginia divorce laws. The amount of these payments can be altered somewhat by factors, such as extra costs for children with special needs, or a parent’s irregular income due to being self-employed. Factors determining whether or not spousal support (alimony) will be paid, and how much, include the marriage length, the relative incomes of each spouse, and the distribution of property as determined by the court.

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