West Virginia Divorce Laws
Divorce laws are the essentials of family law that handles establishment and disposition of the families in any state. The nature of divorce laws in any state depends on the specific requirements of that state. West Virginia divorce laws highlights the legalities related to divorce including residency requirements for a petitioner. For the spouses who have got married outside this state, the residency requirement is of one year prior to the filing of a divorce case. Some other aspects of divorce laws in West Virginia are as listed below.
West Virginia Divorce Laws pertaining Child Support
The amount of child support is calculated considering the adjusted gross income of the parents. The total child support obligation is distributed amongst the parents in a ratio of their respective incomes. However, if the conditions occurred as mentioned below, then the Court may decide to deviate from the guidelines -
Generally, the payment of child support is ordered to ensure the fulfillment of future requirements of the child. It is an attempt to save the child from the insecure and neglected future after the divorce of parents. Child support duty comes to an end when the child enters the age of maturity. However, in exceptional cases the payment can be extended by the court order.
West Virginia Divorce Laws regarding Child Custody
The main intention of the Court is to enable the best interests of the child by facilitating -
A secondary aim is to attain fairness amongst the parents. Thus, the issue of child custody is solved by the court preferring the principle of justice to children and parents. The child custody can be of two types: Joint parent custody and single parent custody. Usually, joint custody is given priority by the court. But if any history of violence by any parent is observed by the court, then the single parent custody is ordered.
It is the duty of a partner to provide alimony - to the spouse who is financially weak than the other one. It is essential to arrange a sufficient source of income to the partner, who is unable to fulfill the routine requirements with existing income. The Court takes into account the following issues while finalizing the value of alimony -
Thus, the spousal support is finalized after judging all these aspects. The spousal support payment will be stopped if the partner requesting alimony goes for a second marriage or any such relation. West Virginia divorce laws are chalked in the best interest of the spouses and the children involved in the marriage.
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