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Anyone who has lived in West Virginia for at least one year can file for divorce in the state. Make use of Divorce Bob's fully online service for your DIY divorce - our service gathers all the essentials for an uncontested divorce, and in 2 business days, your ready-to-sign papers will be at your doorstep.
Either spouse can file for divorce in West Virginia as long as they meet the residency requirement of having lived in the state for at least one year prior to filing.
Yes, West Virginia law requires couples to live separately for at least one year before filing for a no-fault divorce. However, there are certain exceptions to this rule, such as cases of adultery, cruel treatment, and domestic violence. Additionally, West Virginia does allow for fault-based divorce, which may not require a separation period.
West Virginia is not a community property state. It is an equitable distribution state. This means that in a divorce, the court will divide marital property in a way that is fair and equitable, but not necessarily equal.
The court will consider factors such as each party's contributions to the marriage, the length of the marriage, the earning capacity of each party, and any other relevant factors. Separate property, such as property owned before the marriage or acquired through inheritance, is generally not subject to division.
The cost of divorce in West Virginia can range from $200 to $20,000, depending on the complexity of the case, attorney fees, and other associated costs. It is recommended that you consult with a lawyer to understand the actual cost of your divorce based on your particular circumstances.
In West Virginia, the divorce process takes a minimum of 90 days. This waiting period starts on the day the divorce papers are filed with the court.
However, the actual time it takes to finalize a divorce can vary depending on the complexity of the case, the cooperation of both spouses, and the caseload of the court. It can take several months or even longer in contested divorce cases.
In West Virginia, child custody may be decided by the parents through negotiation and settlement or by a judge in a court hearing. The best interests of the child are the primary consideration in determining custody, and the court considers factors such as:
1. The child's preference if they are old enough to express their opinion
2. The physical and mental health of the parents
3. Each parent's ability to provide for the child's needs
4. The child's relationship with each parent and other family members
5. The stability of each parent's home environment
6. The child's school and community involvement
7. Any history of domestic violence or substance abuse by either parent.
Once the court makes a custody determination, the judge will issue an order outlining the custody arrangement, which may include joint custody, sole custody to one parent, or a shared parenting plan.