The court fees for filing the paperwork for a basic divorce in a West Virginia court is $135.00. However, the total costs for a divorce can be much higher – especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.
How long do you have to be separated before you can get a divorce in West Virginia?
West Virginia allows couples to pursue divorce or separation based on living separate and apart, without cohabitation, for at least one year.
Is WV A 50/50 divorce state?
West Virginia is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case. … Factors such as one spouse’s economic misconduct may also be considered.
How do I get a divorce in West Virginia?
What are the basic steps for filing for divorce?
- First, you must meet the residency requirements of the state in which you wish to file.
- Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
- Third, you must file divorce papers and have copies sent to your spouse.
What if a spouse refuses divorce?
If your spouse decides to ignore your petition to get divorced, you can ask your divorce attorney to request that the court enter a default judgement. What this means is that you can have the court pass your petition after a certain period.
Is there an adultery law in WV?
(Adultery is not a criminal offense in West Virginia, meaning the state can’t prosecute you in criminal court for an affair.) Bringing fault-based grounds into your divorce might have major ramifications on other areas of your divorce, like child custody.
Who gets the house in a divorce WV?
In a divorce, the distribution of property depends on which property belongs to the marriage – marital property – and which property belongs to each of the two spouses – separate property. Generally, marital property is property acquired or earned during the marriage.
How long do you have to be married in WV to get alimony?
Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).
Is WV a marital property state?
Marital Property Law
Currently, West Virginia has no community property law, which puts the onus on the courts and the parties to come to a marital property agreement.
Can u file for divorce online in WV?
Unfortunately there are no forms available online through the West Virginia court system. You should contact the office of the circuit court in whichever county you wish to file for divorce, or the county where your divorce was filed, and receive the necessary forms there.
What are grounds for divorce in West Virginia?
Fault grounds differ from state to state, but the most common include adultery, physical or mental abuse, addiction, and a criminal conviction. All states allow divorcing spouses to request a no-fault divorce, which means neither spouse is to blame for the divorce.
What is considered abandonment in WV?
Willful desertion or abandonment for six months is a ground for divorce from marriage in West Virginia. Desertion in divorce law is the voluntary separation of one of the married parties from the other. … A mere separation, agreed to by both parties is not considered a desertion by either party.
How do I get a divorce if I have no money?
How Do I Get a Divorce With No Money?
- Remain Civil With Your Spouse. …
- Use Attorneys Wisely. …
- Contact Legal Aid and Non-Profit Services. …
- Hire a Mediator. …
- Do the Paperwork Yourself. …
- Hire an Online Divorce Provider. …
- Work With a Paralegal or Legal Document Preparer. …
- Use Credit to Pay for the Divorce.
Does it make a difference who files for divorce first?
You can be a step ahead when it comes to scheduling issues, whether that be work-related or other family obligations. If you file for divorce first, then it is likely that if the outstanding issues in your case had to be decided at a trial (by the judge), then you would be the first to present your case.
Can I get a divorce without my spouse knowing?
Now, though, it’s possible to file for divorce even when you don’t know where your spouse is. The only catch is that you can’t get a divorce without at least attempting to formally notify your spouse about the proceedings. … So, even if you can’t find your spouse, you can still file for divorce.