Online Divorce In West Virginia
What Are Grounds for Divorce in West Virginia?
In West Virginia, there are several grounds for divorce. The most common are:
When it comes to the grounds for divorce in West Virginia, adultery is one of the most common reasons. If one spouse is caught cheating, the other can file for divorce immediately. Adultery is considered a serious offense and can have a major impact on a divorce case.
When it comes to divorce in West Virginia, abandonment is one of the grounds that can be used to file for a divorce. To establish abandonment, you must show that your spouse has left you without justification and without an intent to return. There are a few things that can be considered in determining whether or not abandonment has occurred, including whether or not the spouse had been living with you, whether or not there was any communication between you and your spouse, and whether or not your spouse had taken any steps to end the marriage.
– felony conviction
When it comes to grounds for divorce in West Virginia, a felony conviction can be used. This means that if one spouse has been convicted of a felony, the other spouse can file for divorce on that ground. There are a few things to keep in mind when it comes to using a felony conviction as a ground for divorce.
First, the felony conviction must have occurred after the marriage was filed. In other words, the spouse who was convicted cannot have been convicted of the felony before the marriage took place. Second, the spouse who was convicted must have been sentenced to jail time. If the spouse was only given probation or community service, then that will not be grounds for divorce. Finally, the spouse who was convicted must have served time in jail. If the spouse was only incarcerated for a short period, that will not be grounds for divorce either.
If all of these factors are met, then the felony conviction can be used as grounds for divorce. This means that the spouse who was convicted can be ordered to leave the marital home and may lose some of their rights as a parent.
– cruelty and inhuman treatment
Cruelty and inhuman treatment are grounds for divorce in West Virginia. If one spouse is subjected to physical or emotional abuse, that spouse may file for divorce on those grounds. The abuse must be severe and ongoing to qualify for divorce on those grounds.
– habitual drunkenness or drug abuse
When it comes to the grounds for divorce in West Virginia, habitual drunkenness or drug abuse is a big one. If one spouse can prove that the other has a serious drinking or drug problem that has caused them to act inappropriately and disrupt the household, it can be grounds for divorce. This can be a difficult thing to prove though, so oftentimes it is left up to the courts to decide if it is a major issue.
– mutual consent (where both spouses agree to the divorce)
If both spouses agree to the divorce, it is considered a mutual consent divorce. This is the simplest way to get divorced, as it doesn’t involve going to court and proving that one spouse did something wrong. If you and your spouse can agree to all of the terms of your divorce, a mutual consent divorce can be a relatively smooth process.
– separation (where the couple has been living apart for at least a year)
If you and your spouse have been living apart for at least a year, you may be able to get a divorce based on separation. This type of divorce doesn’t involve proving that either spouse did anything wrong, but it can be more complicated than a mutual consent divorce. You’ll need to file for divorce and provide proof that you’ve been living apart for at least a year. If you have children, you’ll also need to create a parenting plan.
– no-fault (where neither spouse is at fault for the breakdown of the marriage)
No-fault divorces are divorces where neither spouse is at fault for the breakdown of the marriage. This type of divorce can be simpler and quicker than other types of divorces, as it doesn’t involve proving that one spouse did something wrong. If you and your spouse can agree on all of the terms of your divorce, a no-fault divorce can be a relatively smooth process.
Process To File Online Divorce In West Virginia
If you are considering a divorce in West Virginia, there are a few things you need to do to make the process as smooth as possible.
1. Gather information about you and your spouse
To start, you will need to gather some information about yourself and your spouse. This includes things like your addresses, Social Security numbers, and the date of your marriage. You will also need to know about your spouse’s income and assets.
2. Complete the paperwork
To complete the paperwork for a divorce in West Virginia, you will need to file a Complaint for Divorce. You can get this form from your local courthouse. You will also need to file a Financial Disclosure Statement, which will disclose your and your spouse’s income and assets.
3. File the paperwork with the court
When you have finished filling out the paperwork, you will need to file it with the court. You can do this by taking it to the courthouse or mailing it in. Make sure to keep a copy for yourself.
4. Serve the paperwork to your spouse
If you have filed for a divorce in West Virginia, you will need to serve the paperwork to your spouse. This means giving him or her a copy of the Complaint for Divorce and the Financial Disclosure Statement. You can do this by taking it to them in person or mailing it to them.
5. Wait for a response from your spouse
Once you have served the paperwork to your spouse, you will need to wait for a response. This could take anywhere from days to weeks or even months. During this time, you should not contact your spouse or try to talk to him or her about the divorce. If your spouse does respond, he or she will likely file an Answer to the Complaint for Divorce.
6. Go to court if necessary
If your spouse does not respond to the paperwork or if he or she files an Answer that does not agree to the divorce, you will need to go to court. In court, you will need to prove that you and your spouse meet the grounds for divorce in West Virginia. This could involve presenting evidence like witness testimony or documents. If the court agrees that you meet the grounds for divorce, it will grant the divorce.
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