WV Divorce Laws

Uncontested breakups are a much quicker and simpler option for couples who want to divorce in West Virginia. No matter if you have kids or not, online divorce is much cheaper and less stressful than usual contested procedures. Nevertheless, before applying for the case, it’s necessary to learn all about WV divorce law as well as the existing rules and possible restrictions that you may face. To clarify every aspect of divorce in this state, the local regulations on the breakdown of formal relationships will be discussed below.

Basic facts on West Virginia divorce laws

The first requirement for a legal uncontested termination of marriage in this state is to resolve such problems as:

  • The financial assistance offered to kids after the breakup
  • The monetary support for the spouse
  • Distribution of mutual debts, common valuables, and shared assets
  • Health insurance for underage kids
  • Other issues related to future procedures.

After all these questions are resolved, you’ll be able to get divorced online without too many difficulties. If, however, you can’t agree on some issues with your spouse, the divorce laws in WV will oblige you to undergo a contested breakup. Here you’ll need to appear at a hearing to sort out every aspect of the divorce. That’s exactly why uncontested procedures are usually carried out much easier and without unwanted stress.

WV divorce laws on adultery

The first thing you should understand is that there are a number of demands you should meet to legally terminate a marriage in this state, including the grounds for divorce in West Virginia. The local regulations presuppose that adultery is a good enough reason to divorce based on the fault of one of the spouses.

However, in line with the West Virginia divorce laws on adultery, the breakup may not be granted to couples based on infidelity if:

  • The proof of adultery was provided by a prostitute or criminal
  • Both parties cohabited at their own will after they had found out about the infidelity
  • The act of adultery happened over three years before it was testified to the court
  • The action was justified at least three years previously.
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In all these situations, the divorce will not be granted to the parties based on infidelity committed by one of the spouses. According to the West Virginia laws on divorce, there are various factors that may require one of the spouses to pay alimony or child support after the breakup. You might need to resolve these and other questions before starting the divorce procedure, because the resolution of these issues will make things easier and prevent unexpected problems.

The West Virginia divorce laws on alimony suggest that not all situations make you eligible for getting spousal support. In each particular case, financial assistance may be provided either for a short term or permanently, but the final outcome depends on what decision the court makes in the end.

According to the divorce laws for West Virginia residents, the court will take into account the following issues when determining the amount and duration of alimony offered to the spouse:

  • The duration of marriage itself
  • The period during which the spouses lived together
  • Current employment and earnings of each spouse
  • The capacity to earn enough money based on such factors as education, professional skills, experience and training
  • Division of property according to the judge
  • Ages and health condition of the spouses
  • Both spouses’ education
  • Living conditions and a few other aspects.

As for the WV divorce laws on marital property, the distribution of shared possessions is usually carried out on equal terms and the final decision is to be made by the judge based on different factors. As stated in the divorce laws in West Virginia, the division of possessions will take place after the following issues are considered:

  • The contribution of each spouse to the purchase of valuables
  • The earning capacity of both parties
  • The contributions of both spouses aimed at keeping the property in good condition, etc.

In general, the West Virginia divorce process involves many important steps, like:

  • The preparation of documentation and delivery of papers to the courthouse
  • The resolution of different debatable issues related to the breakup
  • Filing for the case and going through a trial whenever necessary.

However, if you opt for an uncontested WV divorce process, the actual procedure will be simpler if you can calmly solve all issues with your spouse in order to avoid a trial in court and other problems.

Possible grounds for divorce in WV

The possible reasons for  divorce in this state may include:

  • Inability to maintain the spousal relations any longer
  • Long-term separation at your own will
  • Violent behavior of one partner towards the other
  • Infidelity
  • Conviction of a criminal offense
  • Untreatable insanity
  • Alcohol or drug addiction
  • Abandonment of the spouse for at least half a year
  • Aggression towards kids or neglect of childcare by either party.

If you want to make things easier for you and your spouse, feel free to reach out to our experts and find out more about how to divorce in WV quickly and easily.

States divorce law