The legal cessation of marriage has various names, divorce, and dissolution of marriage are the two most famous. A couple looking for a divorce follows a judicial decision in West Virginia, USA, after which they receive a judicial disposition that their marriage has dissolved under the law. This way, spouses are free from restrictions.
Divorce orders can solve various problems, subject to the particular circumstances of both partners as if the property is shared or children for which provisions are to be formed. Divorce orders include real estate and invoice department, alimony or family support, children’s high department, visitation and custody of kids, as well as other effective factors that courts find impactful or dependent after separation.
Each State declares its own rules and regulations to deal with the end of marriage along with some associated factors of separation. Therefore, no uniformity founds in separation laws, guidelines and procedures. Let us see what West Virginia laws bring to us.
What Are The Divorce Laws in West Virginia?
In order to qualify for divorce in West Virginia, partners must meet the following criteria:
- Have been married for five years,
- Have no kids together,
- Have no real property owned,
- Have no rental property other than an existing dwelling,
- Have no liability more than $6,000 for debts after marriage,
- Own less than $41,000 in community property states excluding vehicles,
- Have no $41,000 investment in separate property excluding vehicles,
- Agree to support another partner after separation
- Have a sign up a contract to distribute property, cars, and obligations, and
- Come across residency obligation, if valid.
What Are The Issues Involved In West Virginia Divorce Laws
There are four main issues involved in Divorce in the West Virginia.
1. Division Of Property
Property division changes the legal status of residence. It divides the property equally between both partners. West Virginia provides partners with the choice of distributing property themselves. If they fail to agree on similar terms, the legal divorce hearing under West Virginia laws announces mediations and trials to consider dependable factors of distribution. This includes the value of the property, custody of kids, if any, and finances.
2. Parental Responsibility
In West Virginia, laws follow two types of custody. One is legal in which the court allows parents to decide on the kid’s behalf. Another is physical in which the court opts for visitation rights. Either way, this responsibility includes the parenting schedule and rules of the meet-up. If parents fail to decide so, the court allocates the kids’ responsibility to the best fit between the two. Besides this, if the child is young enough to understand the event of divorce, he/she is free to go with his mother or father as per his/her interest.
3. Child Support
Other than custody, financial responsibility is also the main factor in the West Virginia law of divorce. In West Virginia, usually, the court grants financial support in custodial spouse favour. A noncustodial spouse pays this grant under child support obligations so that child does not suffer after the parent’s separation.
4. Spousal Maintenance
To support the lifestyle of partners, West Virginia court requests for income disparity between partners. It usually happens when one partner gave up study or career in order to raise their children and support home. Initially, West Virginia court orders for temporary maintenance then set for permanent support after post-divorce. The status of permanent support can be change when supported partner remarries or changes self-financial status.
What Is Common Law Divorce?
There is no such thing called “Common Law Divorce” or no-fault divorce in West Virginia. Through the purpose of this law was to inherit the purpose of living. When two people live together even without being married, they need to proceed through standards of the common law of divorce before separation.
The interesting part of this law is that, even if you live in a state other than West Virginia, you still need to proceed with legal separation as per Article IV under Section 1 of the US Constitution.
What Is A Wife Entitled To As Per West Virginia Divorce Policy?
The wife is entitled to a divorce includes everything she bought to the residence during the marriage. This even includes a home’s value, which is officially owned by his husband. West Virginia law also covers a bicycle, for example, a wife purchased after marriage.
Besides, few other things include:
- Custody of children, Alimony, Maintenance, and Visitation.
- Finance obligations, marital assets and property distribution
- Official orders from the court for wife rights, etc.
Who Gets The House In West Virginia Divorce?
In the West Virginia, with Community legislation, the house belongs to both spouses even if the house was bought or acquired during the course of the marriage. This is true, even if one spouse has worked and acquired property and courts prove fault. A great reason to distribute house among two is children stability. Children are innocent divorce victims who are influenced by failures of partners’ relationship.
The divorce (resolution of marriage) in West Virginia is a legal process in which authority dissolves the bonds of the spouses so that they can change their living status to single and permissible. Marriage and divorce are the responsibility of the state provisions, not the Federal Government.
Although such matters are generally random or consequent for divorce, it relief marriage problems, children’s custody, property distribution, and debt divisions.
West Virginia divorce law covers Property division, Child custody issues, Enforcement of court orders, parenting plans, spousal support, and property division.