West Virginia Divorce Tips

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A divorce affects the life of a couple in many ways. It affects you emotionally, socially and financially. It brings a lot of changes in your lifestyle; for example, the way you used to do your household chores will change, the way you used to manage your children will also change. So you should be ready to cope up with the challenges of post-divorce life. We cannot remove all the ill effects of your divorce, but we can certainly provide you some suggestions that will save you from leading a frustrated life. Divorce advices, like divorce laws are different for each state. West Virginia divorce tips center around divorce laws prevalent in the state of West Virginia and many solutions that the court offers for divorce issues like child custody and property division.

Some instrumental West Virginia Divorce Tips

• If you want to avoid the hassles of legal proceedings, you can go for uncontested divorce in West Virginia. This type of divorce can be resolved in an attorney's office and the paperwork may be filed before the court once the case is resolved.

• While discussing about West Virginia divorce tips, we need to make a mention of the grounds for divorce. A no-fault divorce case is granted if there are irreconcilable differences between the two partners or if the have been living separate and apart in separate places without any cohabitation for a period of 1 year.

  A divorce on fault grounds is granted on the basis of the following factors:

  • Adultery
  • Alcohol or drug use
  • Permanent insanity
  • False accusation of homosexuality or adultery
  • Neglecting or abusing of spouse or child
  • Felony conviction
  • Certain conduct or treatment that destroy the physical or mental well-being and happiness of the other partner thereby making cohabitation unsafe

• Assume that a person has not complied with a subpoena or warrant in a child support or paternity proceeding or this person has an arrearage identical to or more than the amount of child support that must be paid for 6 months. If such a person applied for a license, the relevant license is not awarded to this person.

• Consider that an individual requests a hearing. Then, the bureau of child support enforcement files a petition for a hearing in the family court. After the date of receipt of individual's request, the hearing must be conducted within 42 days.

• If there is any raise in monthly payments to fulfill overdue support, then, a notice regarding the same is sent to the obligor. After reading this notice, the obligor may not agree with the raise. Such an obligor should within 30 days of the date of the notice file a motion in the court regarding the raise.

• The bureau of child support enforcement has been given the right to raise the monthly support payments of an obligor by 100 USD per month so that the arrearage might be satisfied in the following circumstances:
  • There is an arrearage identical to the amount of support that would have been paid in 27 weeks. The order specifies that the support must be paid in biweekly or weekly installments.
    or,
  • There is an arrearage identical to the amount of support that would have been paid in 6 months. The order specified that the support must be paid in monthly installments.

• A particular obligor might have a pattern of overdue support. The court might issue orders regarding such an obligor to offer security or to post bond or give some guarantee to safeguard the payment of overdue support. This guarantee might be in the form of an order as per which any assets, bonds or stocks of the obligor are held in security (i.e. escrow) by the court till the obligor disburses the support amount.

• Under Section 14-502, subdivision (5), paragraph (B), an individual might be committed to jail. Within the prescribed time interval, this individual may intentionally fail to return to the place of confinement. Then, it is considered that this person is guilty of misbehavior and has escaped from custody. As a consequence of this, the individual might be imprisoned for a period not exceeding 12 months.

• The bureau of child support enforcement has been authorized to take into account the pay cycle of the source of income and prorate the current support obligation accordingly. The term used to identify the prorated current support obligation is "adjusted support obligation." If this amount remains unpaid, interest is charged on it.

• The court might modify or enter orders under the provisions of article 48-14-401 pertaining to the payment of child support or spousal support. Such orders should comprise of a provision for automatic withholding from income of the obligor. Due to this it becomes easy to employ income withholding as a mode of collection of support amounts.

The West Virginia divorce tips will help you step towards a good future forgetting all the past worries. Leave aside your ego and give preference to logic while thinking about yourself and your children.

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