West Virginia Divorce Laws- Frequently Asked Questions

In West Virginia divorce laws, it is clearly stated that to file for West Virginia divorce you must be a resident of West Virginia for at least 1 year.

Under West Virginia divorce laws; there is no residency requirement for the marriages which took place in West Virginia.

There is no such condition that both the spouses must be living in West Virginia to file a divorce. The divorce will be granted if either of you resides in West Virginia.

West Virginia divorce laws follow equitable distribution procedure for division of property. Under which the property is divided among the spouses according to the court orders.

Marital property is that property which is purchased during marriage by both the spouses. While separate property is one which is acquired by one spouse only. If one spouse claims that the property is not separate, then the defendant must prove that it is his/her private property.

The main purpose of alimony is to help a spouse in meeting financial requirements. Alimony is the transfer of money or assets from one spouse to another after a divorce to fulfill his/her necessities.

In West Virginia, the court grants child custody solely or jointly to any spouse. The basic aim of the court is to consider the best interest of the child. The child is given full freedom to choose whether to live with mother or father.

According to West Virginia divorce laws, under no condition you and your spouse are allowed to proceed in the court with the same divorce lawyer. The West Virginia divorce laws say that it isn't possible to acquire the services of the same divorce lawyer by two divorcing parties for a West Virginia divorce.

The court considers child's best interest and grants sole or joint custody to the parents. Sole custody is one in which child lives with only one spouse and the other one has the right of visitation. In joint custody both the spouses make decisions regarding the children.