West Virginia has following divorce laws:
Residency
In order to file for a divorce in West Virginia, residency requirements set by West Virginia divorce laws must be met for the court to accept the case. The residency requirements are as follows:
- At least one of the spouses must have been a resident of the state for at least 1 year. But incase the marriage took place in West Virginia; the 1 year residency requirement is waived.
Documents Required for Filing Divorce
- Petition for Divorce
- Decree of Divorce
These are the essential documents needed to start and finalize a divorce according to West Virginia divorce laws.
Property Distribution
Since West Virginia is an "equitable distribution" state, the
marital property is divided in an equitable (fair) fashion. An award may be ordered of the exclusive use and occupancy of the marital home to a party. An order granting use and occupancy of the marital home includes the use of any necessary household goods, furniture and furnishings.
Change of Name or Restoration of Name
According to West Virginia divorce laws, the court, upon ordering a divorce, shall if requested to do so by either party, allow such party to resume the name used prior to his or her marriage.
Mediation Counseling
If the divorce involves a minor child, the West Virginia divorce court takes every possible measure to minimize minor children from emotional trauma. Under West Virginia divorce laws, the divorce court furthermore orders parents to appear in educational sessions in order to resolve the custody disputes.
Alimony
Alimony is an issue that involves support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the West Virginia divorce court's discretion.
Child Custody
When minor children are involved in a divorce, the West Virginia courts do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the divorce court establishes the custody order at its discretion. The basic focus of the court is to serve the child's best interests.
Child Support
West Virginia divorce laws’ child support guidelines are based on the Income Shares Model for calculating child support. If the parents do not agree on a reasonable support amount, the basic child support obligation is determined by state child support guidelines and worksheets.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state
