West Virginia No Fault Divorce
Divorce Papers > No Fault Divorce > West Virginia No Fault Divorce
It has been observed that the rate of divorce is more than the rate of annulment in this state. The reason for this fact is that the courts in this state have designed the requirements for annulment in such a manner that they are more difficult as compared to a divorce. So, the masses prefer to divorce rather than an annulment.
Grounds of West Virginia No Fault Divorce
- Irretrievable breakdown of the marriage due to one or both of the following reasons
- Irreconcilable differences (Code 48-5-201)
- Incompatibility of temperament
- The divorcing partners must have resided apart and separate in the absence of cohabitation or any interruption for at least one year (Code 48-5-202). Such a separation might be due to mutual consent of both the partners or voluntary decision by any one partner
Residency requirements of West Virginia No Fault Divorce
- In case the marriage of the divorcing partners had taken place in this state and any one of the partner was staying in this state, then, there is no residency period
- If the marriage had taken place outside this state, then one of the divorcing partners must have resided in this state for minimum 1 year prior to the filing date of the divorce papers
Selection of venue for filing the divorce action
- Consider that the Respondent is not a resident of this state. In this case, the Petitioner may file the divorce action in the county wherein the Petitioner lives or the county in which the divorcing partners last cohabited
- Consider that the Respondent is a resident of this state. Then, the Petitioner has to select the county in which the Respondent resides or the county wherein both the divorcing partners last cohabited
Some prominent points regarding distribution of property
- When there is no valid agreement developed by the divorcing partners regarding property distribution, the court decides to divide the marital property equally. However, before any finalization is done, the court takes into account the following factors and depending on those may grant an unequal distribution
- Has there been any depreciation or dissipation of the marital property due to the conduct of any divorcing partner?
- Whether any partner has spent self efforts during marital life in such a manner that the income earning capacity of such a partner has been hampered due to these efforts and the income earning capacity of the other partner has been enhanced?
- The indirect or direct input of one partner to the training or education of the other partner that has resulted in an enhanced income earning capacity of the other partner
- Whether the insistence of one partner or an understanding between both the partners has resulted in the other partner foregoing an income earning opportunity or employment?
- How the non-monetary input of each partner has resulted in the maintenance, preservation and attainment of the marital property?
- The labor contributed by each partner in the investment or management of marital property
- Services related to child care
- Services pertaining to the role of homemaker
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