West Virginia Divorce
West Virginia divorce information to help you understand the WV divorce laws, get started with your divorce papers, estimate your child support, and find lawyers to help you get a divorce in West Virginia. In addition to the resources listed below, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersPrivate Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersOnline DivorceDivorce Forms Divorce Form Preparation QDRO Preparation Family Law ResourcesDivorce LawsChild Support Guidelines West Virginia Child Support Calculator Child Support Enforcement |
* Listings in the Resource and Professional Directory does not imply an endorsement by this website. WomansDivorce.com makes no warranty and assumes no legal liability for any service or provider listed below. If you provide a divorce related service and are interested in being listed in this directory, click here.
WEST VIRGINIA DIVORCE LAWYERS
Need a Divorce Lawyer?
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thoroughly review the experience, availability and price of
pre-screened attorneys before deciding whom to contact.
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of West Virginia. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your West Virginia divorce today.
QDRO PREPARATION
QdroDesk - is an industry proven online service providing divorcing spouses with an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs), the appropriate settlement agreement language, and processing instructions to divide a retirement account upon divorce. The service is a result that only 45 years of combined QDRO experience can provide. When combining this expertise with a smart question and answer technology, QdroDesk has easily become the ideal solution for QDRO preparation.
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
Instant Background Report - Find out date of birth and marital status, address history and aliases, criminal and court records, sex offender searches, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
Economic Empowerment For Women - BreakFreee.org is a non-profit organization offering free, unbiased, access to financial information and education to low to middle income women. Key features of the website include: Financial issues for divorcees, financial calculators, and a database of Frequently Asked Questions where you can submit questions and receive unbiased answers from financial planners.
60 West Olsen Road #3500
Thousand Oaks, CA 91360
Phone: 888-372-4155
Email:
DOMESTIC VIOLENCE RESOURCES
Domestic Violence Crisis and Support ServicesShelters and Hotlines
West Virginia Coalition Against Domestic Violence
WEST VIRGINIA DIVORCE LAWS
Overview of WV Divorce Proceedings (PDF file)Online Divorce Code
RESIDENCY REQUIREMENTS: To file for a divorce in West Virginia, if the marriage occurred in this state, one of the parties must be a resident of this state, without regard to the length of time residency has continued. If the marriage was not entered into within this state, an action for divorce is maintainable if:
- One of the parties was an actual bona fide resident of this state at the time the cause of action arose, or has become a resident since that time; and
- The residency has continued uninterrupted through the one-year period immediately preceding the filing of the action. [Based on West Virginia Code; Section 48-5-105]
LEGAL GROUNDS FOR DIVORCE: A divorce may be granted based on the following grounds:
- irreconcilable differences.
- living separately and apart without interruption for one year.
- cruel or inhuman treatment by either party against the other, such as (1) Reasonable apprehension of bodily harm; (2) False accusation of adultery or homosexuality; or (3) Conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness and welfare of the other and render continued cohabitation unsafe or unendurable;
- adultery proven by clear and convincing evidence;
- conviction of a crime that is a felony;
- permanent and incurable insanity (based on medical testimony), if the patient has been confined to a mental institution for no less than three year preceding the divorce petition;
- habitual drunkenness or drug addiction;
- desertion for at least six months;
- abuse of neglect of a child (A divorce shall not be granted on this ground except upon clear and convincing evidence). [Based on West Virginia Code; Section 48-5-201 through 48-5-209] » Return to top
LEGAL SEPARATION: "Property settlement or separation agreement" means a written agreement between a husband and wife whereby they agree to live separate and apart from each other. A separation agreement may also: (1) Settle the property rights of the parties; (2) Provide for child support; (3) Provide for the allocation of custodial responsibility and the determination of decision-making responsibility for the children of the parties; (4) Provide for the payment or waiver of spousal support by either party; or (5) Otherwise settle and compromise issues arising from the marital rights and obligations of the parties. [Based on West Virginia Code; Section 48-6-101] » Return to top
MEDIATION OR COUNSELING REQUIREMENTS: The family court shall issue an order requiring parties to an action for divorce involving a minor child or children to attend parent education classes established unless the court determines that attendance is not appropriate or necessary based on the conduct or circumstances of the parties. [Based on West Virginia Code; Section 48-9-104]
PROPERTY DISTRIBUTION: West Virginia is an equitable distribution state. In the absence of a valid agreement, the court shall presume that all marital property is to be divided equally between the parties, but may alter this distribution, after a consideration of the following:
- The extent to which each party has contributed to the acquisition, preservation and maintenance, or increase in value of marital property by monetary contributions, including, but not limited to employment income and other earnings and funds which are separate property.
- The extent to which each party has contributed to the acquisition, preservation and maintenance or increase in value of marital property by non-monetary contributions, including, but not limited to: (A) Homemaker services; (B) Child care services; (C) Labor performed without compensation, or for less than adequate compensation, in a family business or other business entity in which one or both of the parties has an interest; (D) Labor performed in the actual maintenance or improvement of tangible marital property; and (E) Labor performed in the management or investment of assets which are marital property.
- The extent to which each party expended his or her efforts during the marriage in a manner which limited or decreased such party's income-earning ability or increased the income-earning ability of the other party, including, but not limited to: (A) Direct or indirect contributions by either party to the education or training of the other party which has increased the income-earning ability of such other party; and (B) Foregoing by either party of employment or other income-earning activity through an understanding of the parties or at the insistence of the other party.
- The extent to which each party, during the marriage, may have conducted himself or herself so as to dissipate or depreciate the value of the marital property of the parties: Provided, That except for a consideration of the economic consequences of conduct as provided for in this subdivision, fault or marital misconduct shall not be considered by the court in determining the proper distribution of marital property. [Based on West Virginia Code; Sections 48-5-610 and 48-7-103]
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ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court may require either party to pay spousal
support, considering the following factors in determining the
amount of spousal support: (1) the length of the marriage, and any
periods of separation; (2) The present employment income and other
recurring earnings of each party from any source; (4) The
income-earning abilities of each of the parties; (5) The
distribution of marital property and how it will affect the
earnings of the parties and their ability to pay or their need to
receive spousal support, child support or separate maintenance;
(6) The ages and the physical, mental and emotional condition of
each party; (7) The educational qualifications of each party; (8)
Whether either party has foregone or postponed economic, education
or employment opportunities during the course of the marriage; (9)
The standard of living established during the marriage; (10) The
likelihood that the party seeking spousal support, child support
or separate maintenance can substantially increase his or her
income-earning abilities within a reasonable time by acquiring
additional education or training; (11) Any financial or other
contribution made by either party to the education, training,
vocational skills, career or earning capacity of the other party;
(12) The anticipated expense of obtaining the education and
training described in subdivision (10) above; (13) The costs of
educating minor children; (14) The costs of providing health care
for each of the parties and their minor children; (15) The tax
consequences to each party; (16) The extent to which it would be
inappropriate for a party, because said party will be the
custodian of a minor child or children, to seek employment outside
the home; (17) The financial need of each party; (18) The legal
obligations of each party to support himself or herself and to
support any other person; (19) Costs and care associated with a
minor or adult child's physical or mental disabilities; and (20)
Any other factors as the court deems necessary.
In determining whether spousal support is to be awarded, or in determining the amount of spousal support, the court shall consider and compare the fault or misconduct of either or both of the parties and the effect of the fault or misconduct as a contributing factor to the deterioration of the marital relationship. [Based on West Virginia Code; Section 48-5-602, 48-6-301, and 48-8-101 through 48-8-104]
SPOUSE'S NAME: The court shall if requested to do so by either party, allow such party to resume the name used prior to his or her first marriage. The court shall, if requested to do so by either party, allow such party to resume the name of a former spouse if such party has any living child or children by marriage to such former spouse. [Based on West Virginia Code; Section 48-5-613]
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CHILD CUSTODY: Custody shall be determined by the best interests of
the child. The primary objective of this article is
to serve the child's best interests, by facilitating: (1) Stability
of the child; (2) Parental planning and agreement about the child's
custodial arrangements and upbringing; (3) Continuity of existing
parent-child attachments; (4) Meaningful contact between a child and
each parent; (5) Care-taking relationships by adults who love the
child, know how to provide for the child's needs, and who place a
high priority on doing so; (6) Security from exposure to physical or
emotional harm; and (8) To achieve fairness between the parents
(this is a secondary objective). [Based on West Virginia Code;
Section 48-9-101 and 48-9-102]
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CHILD SUPPORT: West Virginia calculates child support orders based
on the Income Share Model. A child support order is determined by dividing
the total child support obligation between the parents in proportion
to their income. Both parents' adjusted gross income is used to
determine the amount of child support.
Deviations from the guidelines are possible for the following reasons: (1) Special needs of the child or support obligor, including, but not limited to, the special needs of a minor or adult child who is physically or mentally disabled; (2) Educational expenses for the child or the parent (i.e. those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or costs beyond state and local tax contributions); (3) Families with more than six children; (4) Long distance visitation costs; (5) The child resides with third party; (6) The needs of another child or children to whom the obligor owes a duty of support; (7) The extent to which the obligor's income depends on nonrecurring or non-guaranteed income; or (8) Whether the total of spousal support, child support and child care costs subtracted from an obligor's income reduces that income to less than the federal poverty level and conversely, whether deviation from child support guidelines would reduce the income of the child's household to less than the federal poverty level. The court shall order medical support to be provided for the child or children. [Based on West Virginia Code; Section 48-5-603, 48-13-201, and 48-13-702] » Return to top
PREMARITAL AGREEMENT: An agreement by which the property rights and interests of the prospective husband and wife, or both of them, are determined, or where property is secured to either or both of them, to their separate estate, or to their children or other persons. An antenuptial agreement may include provisions that define the respective property rights of the parties during the marriage, or upon the death of either or both of the parties. The agreement may provide for the disposition of marital property upon an annulment of the marriage or a divorce or separation of the parties. A prenuptial agreement is void if at the time it is made either of the parties is a minor. [Based on West Virginia Code; Section 48-1-203] » Return to top