Top 5 West Virginia Divorce Laws

The top 5 things everyone should know about West Virginia divorce laws.

West Virginia

West Virginia divorce laws are clear that one of the spouses must have been a resident of West Virginia for at least one year immediately prior to filing. However, if the marriage was performed in West Virginia and one spouse is a resident when filing, there is no durational time limit needed to file. The divorce should be filed for in the county in which the spouses last lived together; Where the defendant lives if a resident; or Where the plaintiff lives, if the defendant is a non-resident.

There are mainly two reasons of divorce in West Virginia those are fault and general. In order to file for divorce in West Virginia, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court per West Virginia divorce law.

Either parent may be required to provide periodic child support payments, including health insurance coverage. Child support guidelines are available from the West Virginia Child Advocate Office and are in the statute. West Virginia divorce laws state that one of the parents may also be granted exclusive use of the family home and all the goods and furniture necessary to help in the rearing of the children. The court may require health and hospitalization insurance coverage as child support. Provisions for income withholding shall be included in every divorce decree to guarantee the support payments.

If the divorce involves a minor child, the court will order the parents to attend a parent education class to educate parents about the effects of divorce and custody disputes on children and teach parents methods to help children minimize their trauma.

Either spouse may be ordered to provide the other spouse with alimony. Per West Virginia divorce law, cases of marital misconduct of the spouses will be considered and compared. The court may require and consider health and/or hospitalization insurance coverage as alimony.


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