Start Your Divorce. West Virginia Info.
In order to file for divorce in the state of West Virginia, at least one of the spouses must have been a resident of the state for at least 1 year. If the marriage took place in West Virginia, then the one year residency requirement can be waived. Start Your Divorce Today Explore your options. The information contained on this page is not to be considered legal advice. Just like divorce, both spouses must meet state requirements for their requests to be granted.
Spouses will then supply legal reasons for the separation. Some couples prefer this option, because it can be temporary.
source site While other states offer just one option for a no-fault case — a case based on irreconcilable differences — West Virginia allows spouses to assert no-fault or fault-based grounds. While the fault-based option is a more strenuous process, the no-fault option is less of an investment financially, timewise and sometimes emotionally.
In West Virginia, couples can pursue separation based on living apart for a year. If you and your spouse decide to get back together, the one-year minimum will restart. This is a good option for spouses looking at temporary separation, and provides time to make more permanent personal and legal decisions.
Citing common-law principle which required a woman to recover damages for personal injury by suing with her husband, the court noted that, "this common law rule has, in a large measure, been abrogated by the various Married Women's Acts. More radical revision came in , apparently in response to pressure from the legal profession and to the liberal changes in the Married Women's Property Act placed in the code. How the court regarded A. Also known as grounds, these reasons include: living apart for at least one year cruel treatment adultery one spouse receives a felony conviction permanent and incurable insanity alcohol or drug addiction abandoning the other spouse for at least six months, or abuse or neglect of the couple's child or a stepchild. As Joel Bishop noted in , cruelty was conduct "attended with bodily harm. Reach out to Recht Law at 1 for your free consultation. Since the law gave the courts authority to disregard title when dividing property at divorce, but the high court consistently ignored the statute.
Separate maintenance requires a legal contract to clarify expectations for each party. Child custody, child support, property division, and insurance are a few of the terms that will be covered in the contract.
You can modify your contract if situations change in the future. All Rights Reserved. Categorizing property as separate or marital: Under the law, spouses may keep their separate property, but must submit all marital property to the estate for equitable distribution. The parties must disclose their assets and debt, making a case for whether each item should be considered separate or marital. Generally, marital property consists of all debts and assets acquired during the marriage, and separate property includes:.
However, it is possible for property that was originally separate to become marital property through a process called commingling, which essentially means using separate property as though it were marital. Naturally, disputes over the proper category for particular assets and debt arise frequently.
Comprehensive overview of West Virginia divorce laws, West Virginia statutes and guidelines, and West Virginia divorce information and advice relating to the. We've created a helpful list of West Virginia divorce laws to help guide you through your paperwork. Choose 3 Step Divorce to simplify your paperwork today !.