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West Virginia Divorce
The West Virginia Family Law Center is a resource on divorce and family law in the State of West Virginia for non-lawyers and pro se litigants. Please let us know if we have omitted a link to an important state resource and we will gladly add it.
Courts and Community ResourcesLawyers and Divorce
Glossary of Family Law Terms
The West Virginia Judicial System
The West Virginia Family Courts
The West Virginia State Bar
Legal Aid of West Virginia
West Virginia State Law Library
State Statutory ResourcesIf you wish to review your State's Statutes or Code, click the links below:
West Virginia Code
West Virginia Legislature
§48-5-201. Grounds for divorce; irreconcilable differences.
The court may order a divorce if the complaint alleges that irreconcilable differences exist between the parties and an answer is filed admitting that allegation. A complaint alleging irreconcilable differences shall set forth the names of any dependent children of either or both of the parties. A divorce on this ground does not require corroboration of the irreconcilable differences or of the issues of jurisdiction or venue. The court may approve, modify or reject any agreement of the parties and make orders concerning spousal support, custodial responsibility, child support, visitation rights or property interests.
§48-5-202. Grounds for divorce; voluntary separation.
(a) A divorce may be ordered when the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties. (b) Allegations of res judicata or recrimination with respect to any other alleged grounds for divorce are not a bar to either party obtaining a divorce on the ground of voluntary separation. (c) When required by the circumstances of a particular case, the court may receive evidence bearing on alleged marital misconduct and may consider issues of fault for the limited purpose of deciding whether spousal support should be awarded. Establishment of fault does not affect the right of either party to obtain a divorce on the ground of voluntary separation.
- For further grounds and information, please refer to the West Virginia Code - Chapter 48
Marriage and Living Together LawWest Virginia Marriage Law
Child SupportWest Virginia Child Support Calculator - by AllLaw.com (DivorceLawInfo.com is not affiliated with AllLaw.com)
Parent's Guide to Child Support
West Virginia Child Support Guidelines - From the West Virginia Code Chapter 48, Article 13
West Virginia Bureau for Child Support Enforcement
Child Support Explained
Child Custody and Visitation LawChild custody decisions are based on the best interests of the child.
Allocation of Custodial Responsibility and Decision-making Responsibility of Children - From the West Virginia Code Chapter 48, Article 9
Parenting Plans - Court-ordered Services - From the West Virginia Code Chapter 48, Article 9
FAQ on Child Custody and Visitation
Child Custody Resources
Property DivisionWest Virginia is an "equitable distribution" property state.
§48-5-610. Court may order just and equitable distribution of property.
(a) When the pleadings include a specific request for specific property or raise issues concerning the equitable division of marital property, the court shall order such relief as may be required to effect a just and equitable distribution of the property and to protect the equitable interests of the parties therein.
(b) In addition to the disclosure requirements set forth in part 7-201, et seq., of this chapter, the court may order accounts to be taken as to all or any part of marital property or the separate estates of the parties and may direct that the accounts be taken as of the date of the marriage, the date upon which the parties separated or any other time in assisting the court in the determination and equitable division of property.
- For additional property distribution information, please refer to the West Virginia Code - Chapter 48
Court may order just and equitable distribution of property. - West Virginia Code Chapter 48, Article 5
Equitable Distribution of Property - West Virginia Code Chapter 48, Article 7
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