West Virginia Divorce Questions

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The couples, who intent to end their marriage by filing for divorce, need to get themselves updated about legal details related to it. When one thinks about divorce, along with it there are several questions related to it as well as issues related to it will fill up their mind. The divorcing partners who have children from their marriage will have several questions related to sole and joint custody of the children. The West Virginia divorce questions mentioned below and the appropriate answers to these questions will resolve your queries related to laws in this state.

The examples of West Virginia divorce questions are as follows:

Q. Differentiate between Sole Custody and Joint Custody?

A. Sole Custody implies that the child resides with only one parent and the other parent is offered the right of visitation. The parent who is given sole custody has the right to make major decision on behalf of the child.

Joint Custody means that the decisions pertaining to the child are made collectively by both the parents.

Q. Mention details about the difference between marital and separate property?

A. Marital Property indicates that property which is bought by both the partners during marital life. Separate Property is that which is attained by a single partner.

Q. Which grounds of divorce are recognized in this state?


Fault Grounds

  • Habitual drunkenness
  • Willful neglect of a spouse or a child
  • Cruel and inhuman treatment
  • Conviction of a felony
  • Physical abuse or reasonable apprehension of physical abuse of a child or a partner
  • Confinement for incurable insanity for 3 years
  • Addiction to drugs and / or alcohol
  • Abandonment for 6 months
  • Adultery
No Fault Grounds
  • Partners that have been living apart and separate in the absence of cohabitation without any interruption for 1 year
  • Irreconcilable differences

Q. How to select the county for filing the divorce case?

A. The following conditions are applied while selecting the county where the divorce case is to be filed.

  • County in which the partners last resided together
  • County wherein the Defendant presently resides
  • If the Defendant is a non resident of the state, then, the County in which the Plaintiff lives

Q. Consider that a marriage has taken place in West Virginia. What are the residency requirements in this case?

A. As per the laws in this state, if a marriage has taken place in this state, then there are no residency requirements for the divorcing partners of this marriage.

Q. If one of the divorcing partners does not reside in this state, is it still possible to file for a divorce?

A. No residency requirement makes it mandatory that both the divorcing partners must reside in this state. It is quite possible that the dissolution of marriage may be granted if either of the divorcing partners resides in this state.

Q. In West Virginia, what are the major alimony issues?

A. There are 2 intentions of offering alimony as follows.

  • To assist the receiving spouse with economical obligations
  • To experience the standard of life that was enjoyed in marital life

However, as the paying partner has to maintain 2 households simultaneously, it is obvious that the lifestyle cannot continue precisely the same as it was in marital life. It has been observed that on a number of occasions alimony is awarded to one partner in such a manner that assists the receiving partner to undergo some education or training and become self supporting.

Q. How can one express the gist of distribution of marital property?

A. Marital Property is divided on the basis of equitable distribution. The court enjoys a tremendous discretion while dividing property in an equitable manner.

Q. Is separation period compulsory in this state before filing for divorce?

A. There is no such compulsory separation period in this state. Separation period is considered only when the divorcing partners are using separation as the ground for divorce.

Q. What is the minimum time in which one can get a divorce in this state?

A. The minimum time is 20 days after the Petition is received by the respondent. The final hearing takes place after the completion of this period. This period might be extended if the divorcing partners are unable to resolve the issues related to child custody or property.

The West Virginia divorce questions listed here and their answers help to resolve queries related to legal divorce procedures in this state. Before one file or during the divorce proceedings there will be several questions arising in the mind of people filing to end their legal marriage. We have provided answers to these questions here.

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