How long do you have to be separated to get a divorce in West Virginia?

twelve months
In West Virginia, married couples who have been living separate and apart for a minimum of twelve months may be granted a divorce on these grounds when sued for by either spouse.

Is West Virginia an at fault divorce state?

West Virginia offers what is known as a “no fault” divorce, under which you don’t have to prove (or even allege) that your spouse engaged in any specific wrongdoing in order to get divorced.

Does it matter who files for divorce first in WV?

Filing Party Name: The Petitioner. This is the spouse who is recognized as the initiator of the divorce and is the one who actually files the Petition for Divorce with the county court. Non-Filing Party Name: The Respondent.

How long do you have to be married to get alimony WV?

Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

How much does a no fault divorce cost in WV?

The divorce documents are submitted to the Clerk of the Courts. You pay a filing fee, and the clerk assigns the case a case number. What is the filing fee in West Virginia? In West Virginia, the fees range from $155 to $160.

Can you file for divorce in West Virginia?

You can file for divorce, as long as your spouse and you were married in West Virginia and if either your spouse or you are a resident of West Virginia at the time that you are filing for divorce, irrespective of how long you have resided in the state.

What are the marital property laws in West Virginia?

Marital Fault – In states that allow at-fault divorces, the fault of one spouse may be used by the judge to justify a higher percentage to the injured spouse. Economic Misconduct – In West Virginia, spouses who wastefully or fraudulently spent marital assets may receive a lower percentage of the marital property.

How does alimony work in divorce in West Virginia?

Judges are free to take whatever factors they feel are relevant when awarding temporary or permanent alimony when ruling on cases of divorce in West Virginia, including the length of the marriage and how long both spouses actually lived together.

How are debts treated in divorce in West Virginia?

Debts in West Virginia are treated much the same way that community property is treated in a divorce. If you incurred a debt together while married, then both parties are responsible for the debt. If the debt was encumbered separately, then one spouse only may be held accountable for it.

How do you get divorced in West Virginia?

You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In West Virginia, you will typically file with the courthouse in the county in which you currently reside.

What is the divorce process in West Virginia?

West Virginia offers a simplified process for uncontested divorces if spouses are able to agree on all major issues in the divorce. With an uncontested divorce, the spouses must agree on every issue in the divorce including child custody and child support, if children are involved.

How long does a divorce in West Virginia take?

How long does a divorce take in West Virginia? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.

How do I file for divorce in WEST VIRGINA?

Residency Requirements and Reasons for Divorce. You have two options when filing for divorce in West Virginia: no-fault divorce or a fault-based complaint.
Preparing Your Forms. West Virginia breaks its divorce forms into two categories: with or without children.
Filing Your Forms.
Serving Your Forms.
Financial Disclosures.
Resources.