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WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender. Information about divorce in West Virginia. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce.
To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos. Lastly, learn more about the court process on our Preparing for Court — By Yourself. If you were married in West Virginiaa West Virginia court can hear your divorce case if you or your spouse is currently a resident of West Virginia. If you were married outside of West Virginiaa West Virginia court can hear your divorce case if you or your spouse has been a resident of the state for at least one year before the start of the case.
Grounds are legally acceptable reasons for divorce.
In West Virginia, you can get a no-fault divorce or a fault-based divorce. A no-fault divorce is when you file for divorce without saying that your spouse is responsible for the end of the marriage because:. BrownW. Gallagher, W. SmithW. Alimony, called spousal support in West Virginia, is financial support paid by, or to, your spouse.
A requirement for your spouse to pay spousal support can come from:.
Note: You can only receive spousal support in West Virginia if you and your spouse do not live together. Judges may consider many different factors when determining whether to order spousal support and how much spousal support to order. The amount of spousal support is generally up to the judge, and, unlike many other states, the judge does not rely on a set formula or list of factors.
The most common other factors a judge may choose to consider are:. Rose, W. BankerW. Driver, W. PorterW. Third, you must file divorce papers and have copies sent to your spouse. To learn more about filing a summons, preparing a petition, and service of process, go to the Starting the Court Case in our Preparing for Court - By Yourself section.
Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings. Custody may also be decided as part of your divorce. You can find more information about service of process in our Preparing for Court — By Yourself section, in the question called What is service of process and how do I accomplish it?
The West Virginia Judiciary has court forms that you may need if you wish to file a divorce. We provide these links for your information only. All rights reserved. Department of Justice. Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided.
Laws current as of. What are the residency requirements to file for divorce in West Virginia?
What are the grounds for divorce in West Virginia? Can I get alimony? What kinds of alimony are there in West Virginia? What are the basic steps for filing for divorce? Where can I find additional information about divorce? Yes No. A no-fault divorce is when you file for divorce without saying that your spouse is responsible for the end of the marriage because: you allege that there are irreconcilable differences; 1 or you and your spouse have lived separate and apart in different homes without acting as a married couple cohabitating for at least one continuous year.
This is when your spouse: puts you in reasonable fear of bodily harm; makes false accusations of adultery or homosexuality against you; or treats you in a way that destroys or tries to destroy your mental and physical well-being, happiness, and welfare, and makes it unsafe for you to keep being married to your spouse.
Note: You do not have to prove your spouse has physically abused you to file under this ground; 3 willingly had sex with another person, and you can prove this with clear and convincing evidence; 4 is convicted of a felony in any state after you are married. You must be able to prove abuse or neglect by clear and convincing evidence sufficient to justify permanently taking away custody of the abused or neglected child from your spouse.
A requirement for your spouse to pay spousal support can come from: an agreement that you and your spouse made in a pre-marriage prenuptial or antenuptial agreement; the terms of a separation agreement; or a court order issued by the judge during the divorce. There are four kinds of alimony, known as spousal support in West Virginia: Permanent spousal support can last until either you or your spouse dies.
For instance, a judge can order temporary spousal support until you get remarried, your children are no longer minors, or for other reasons a judge finds appropriate. Rehabilitative spousal support is for the purpose of helping you to reach financial stability. This kind of support can be ordered to help you go to school or get job training or until you find your own income. Rehabilitative spousal support is usually for a limited time. Spousal support in gross is when the judge orders one specific payment or amount to be paid. This kind of support can be ordered in two ways: a judge may order a one-time payment from your spouse; or a judge may order a specific amount your spouse must pay, but allow the payment to made in installments over a certain period of time.
While divorce laws vary by state, here are the basic steps: First, you must meet the residency requirements of the state in which you wish to file. Did you find this information helpful?
We hope the following links to outside sources may provide helpful information. Legal Aid of West Virginia provides a of divorce resources, including: information on how to file for divorce; an explanation of the grounds for divorce in West Virginia; and answers to frequently asked questions, including questions about spousal support alimony.
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