July 7, 2006, Newsletter Issue #23: West Virginia Divorce Laws and Divorce Guidelines

Tip of the Week

West Virginia Residency Requirement
According to the West Virginia Divorce Laws and West Virginia Divorce Guidelines, to get divorced in West Virginia, one of the spouses must have been a resident of the state for at least 1 year immediately before filing the case. However, if the marriage was performed in West Virginia there is no Residency Requirement.

Place of Divorce (Venue)
The case may be filed in:
(1) County in which the spouses last lived together
(2) County where the defendant lives if a resident
(3) County where the plaintiff lives if the defendant is a non-resident

Simplified or Special Divorce Procedures
If 1 spouse files a verified complaint for divorce on the grounds of "irreconcilable differences," the other spouse may file a verified "answer" admitting the "irreconcilable differences" and a divorce will be granted. No witnesses will be necessary for any proof for a divorce on the grounds of "irreconcilable differences." In other cases, witnesses will be required. Standard financial disclosure forms are required to be filed.

West Virginia Grounds for Divorce

Grounds for a No-Fault divorce:
(1) Irreconcilable differences have arisen between the spouses or
(2) living separate and apart without cohabitation and without interruption for 1 year

Grounds for a Fault based divorce:
(1) adultery
(2) abandonment for 6 months
(3) alcoholism and/or drug addiction
(4) confinement for incurable insanity for 3 years
(5) physical abuse or reasonable apprehension of physical abuse of a spouse or of a child
(6) conviction of a felony
(7) cruel and inhuman treatment, including false accusations of adultery or homosexuality
(8) willful neglect of a spouse or a child
(9) habitual intemperance

An Agreed Divorce , defined by West Virginia divorce guidelines and West Virginia divorce laws, is a scenario where the spouses agree on the terms of the divorce such as West Virginia property distribution, West Virginia child support, or West Virginia child custody.

A Default Divorce , according to the West Virginia divorce guidelines and West Virginia divorce laws, is a divorce where the other spouse doesn’t sign the West Virginia Divorce forms or West Virginia divorce papers, he/she doesn’t do anything at all with the divorce.

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