There are certain factors to consider when filing for divorce in West Virginia and certain rules that must be followed. Before a party can file for divorce, certain residency requirements must be met. If the couple was married in West Virginia, one of the parties must prove they were a resident of the state at the time of the marriage. If the marriage was not entered into in West Virginia, a divorce petition can be filed if one of the parties was a bona fide resident of the state at the time or has become a resident since then and if the residency continued uninterrupted for one year immediately preceding the divorce filing.
In West Virginia, divorce can be filed on a number of grounds. The couple can file based on irreconcilable differences, after living separately for one year, if one spouse was cruel or harmed the other, which may include physical harm, adultery, or conduct which is detrimental to the defendant’s mental or physical well-being.
When it comes to legal separation, couples must provide a written statement in which they agree to live separate and apart from each other. Details that can be resolved in a separation agreement in West Virginia include property rights, child support, custody of the children, and alimony.
West Virginia is an equitable distribution state, meaning all marital property shall be divided equally. However, certain circumstances permit a different approach to property division, including employment or funds which are separate property, the extent to which one spouse contributed to the acquisition of the property, or other factors like child care services or labor.
If you have considered filing for divorce, turn to a leading divorce lawyer in West Virginia to ensure your case runs smoothly.