A West Virginia divorce can be filed by either spouse to end the marital relationship. Upon completion of a West Virginia divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, spousal support (alimony) and the division of marital property and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested West Virginia divorce without the expense of an attorney.
Types of Divorce in West Virginia
A divorce in West Virginia is uncontested if you and your spouse can agree on major issues such as property division, alimony and child support, and if it is unlikely that your spouse will file papers in court disagreeing with the divorce request. If one 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." On the other hand, a divorce in West Virginia is contested if you and your spouse cannot agree on enough issues to require resolution by the court. In such cases, witnesses will be likely be required.
Alternatives to Divorce in West Virginia
Separate Maintenance (legal separation) involves the same procedures as divorce, but the separated spouses can?t marry others. Separate maintenance may be ordered if the party seeking separate maintenance has grounds for divorce; or if the party from whom separate maintenance is sought, without good and sufficient cause has failed to provide suitable support for the other spouse or has abandoned or deserted the other spouse. Legal separation is an alternative for people who wish to avoid divorce for religious or other reasons. Like a divorce, a legal separation requires property division and determination of child custody and placement. The court may order maintenance and child support payments.
An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. The person seeking the annulment must prove that the prerequisites for annulments are met. The prerequisites tend to be more difficult to establish and therefore many lawyers advise clients to file for divorce.
