West Virginia divorce - Alimony maintenance spousal support.
Either spouse may be ordered to provide the other spouse with alimony. Factors to be considered are:
(1) whether the spouse seeking alimony is the custodian of a child whose condition or circumstances make it appropriate for that spouse ... More details
West Virginia divorce - Child custody.
Either parent may be awarded custody. There is a presumption in favor of the parent who has been the primary caretaker of the child. The factors for consideration are:
(1) the stability of the child; (2) any parenting plans or other writ ... More details
West Virginia divorce - Child support.
Either parent may be required to provide periodic child support payments, including health insurance coverage. These guidelines do not take into account the economic impact of the following factors that may be possible reasons for deviation:
... More details
West Virginia divorce - General Divorce Procedure.
A divorce will be granted if one spouse files a verified complaint for divorce on the ground of irreconcilable differences, and the other spouse files a verified answer, admitting the irreconcilable differences. The clerk of the court will have offic ... More details
West Virginia divorce - Grounds for West Virginia Divorce.
No-fault grounds for a West Virginia divorce are simply irreconcilable differences; and living separate and apart without cohabitation for1 year. [West Virginia Code; Section 48-5-201]. ... More details
West Virginia divorce - Legal Separation.
The grounds for legal separation are the same as for divorce. One of the spouses must have been a resident of West Virginia for at least 1 year prior to filing for legal separation. [West Virginia Code; Section 48-5-501]. ... More details
West Virginia divorce - Mediation or Counseling.
If the divorce involves a minor child, the court will order the parents to attend a parent education class to educate parents about the effects of divorce and custody disputes on children and teach parents methods to help children minimize their trau ... More details
West Virginia divorce - Property distribution.
West Virginia is an "equitable distribution" state. Each spouse may retain his or her separate property:
(1) acquired prior to the marriage; (2) acquired by gift or inheritance during the marriage; (3) any increase in value of ... More details
West Virginia divorce - Residency Requirements.
In order to file for divorce in West Virginia, there is no time-limit residency requirement if the marriage was performed in West Virginia and one spouse is a resident when filing. Otherwise, one spouse must have been a resident for at least 1 year. ... More details
West Virginia divorce - Rights to Maiden Name.
Either spouse may request to restore his/her former name. ... More details
West Virginia divorce - Title of Divorce action.
Complaint for Divorce. ... More details
West Virginia divorce - Where to file for divorce.
File in the county where spouses last resided together, or the county of defendant if defendant is a resident, or the county where the plaintiff lives if the defendant is a non-resident.
[West Virginia Code; Sections 48-5-103, 48-5-105, and 48-5-106 ... More details
What divorce cost.
The fee for divorce depends on a number of factors, including whether the divorce is contested, whether children are involved, the property or debts to be divided, how willing the parties are to negotiate, and the amount of time the lawyer must spend ... More details
What happens after the divorce action is filed?
After the divorce action is filed, either spouse can ask a court for temporary orders on matters like spousal support and child custody, support and visitation. Also, if a spouse is harassing the other, a court can issue a "restraining order.&qu; ... More details
What happens in a fault divorce if both spouses are at fault?
Under a doctrine called "comparative rectitude," a court will grant the spouse least at fault a divorce when both parties have shown grounds for divorce. ... More details
What is a marital settlement agreement?
When going through a divorce, a marital settlement agreement is an agreement between the spouses dealing with property division, support, and related matters. ... More details
What is a premarital agreement?
A premarital agreement is a contract between two people who are about to marry. The contract defines the rights and benefits that will exist during the marriage and after (in the event of divorce). Without a premarital agreement, state laws define th ... More details
What types of changes justify the support order?
Certain types of changes justify modifying the support order. Loss of a job is certainly a changed circumstance. Others might be unusually high medical expenses, a significant increase in the earnings of the spouse who is paying support, or the remar ... More details
What will a judge consider In child custody laws.
Normally, the judge deciding child custody matters will consider the parents' wishes, the child's wishes, the relationship of the child to his siblings or others with whom he has contact, the child's likely adjustment to home, school, and community, ... More details
When Your Spouse Lives In A Different State.
If your spouse lives in a different state and he or she is willing to sign the divorce papers, your case would be treated as a regular uncontested divorce.
If he or she is not willing to sign the divorce papers and you need to have him o ... More details