At least one spouse should live in West Virginia for a year before filing. However, if the place of marriage is West Virginia, then there is no restriction towards residency. Divorce can be filed in the county where one of the spouses lives right now, or where they lived together as a couple.
There are two types of reasons for which divorce is filed under. They are as follows:
1.No-Fault Reasons
2.General Reasons
Keeping the interests of the child in view, joint custody or sole custody can be awarded to either parent. Usually, child's primary caretaker is given a little preference. Other factors considered include:
As West Virginia is an equitable distribution state, each spouse is allowed to keep any property that they purchased before marriage. Property acquired in the form of inheritance or gifts is also included. All other property that is jointly held is divided fairly, keeping in mind:
Any one of the spouses can be ordered to pay alimony to the other keeping in mind these factors:
Child support, including health care can be ordered on any of the parents to be paid to the legal guardian of the child. Rules governing child support are available in the West Virginia Child Advocate Office. There are some reasons to deviate from these rules, and they are as follows:
Where children are involved, the court can order the parents as well as the children to attend classes relating to divorces so they can protect their kids from the negativity surrounding the divorce.
There is no need of a lawyer when applying for divorce in the state of West Virginia. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in West Virginia, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.
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