To file for divorce, a petitioner must live in the state for at least one year prior to filing. The only exception to this rule is when the marriage occurred in the state. This could allow the county to take jurisdiction over the divorce. Once this requirement is fulfilled, the petitioner should file the motion based on the grounds identified.
There are two possible no-fault grounds available in West Virginia. The standard no-fault ground, irreconcilable differences, encompasses a wide spectrum of possibilities. Essentially, the couple agrees that their differences cannot be resolved, and the marriage must end.
The second of these grounds is separation. These grounds are used only after the couple hasn’t lived together for at least one year. They cannot cohabitate in any way during this duration. If it is proven that the couple has lived together during this year, the case could be dismissed. To file a no-fault divorce, contact a family attorney in Frederick today.
Fault-Based Divorce Grounds
Fault-based grounds identify an underlying cause for the breakup of the marriage. Domestic violence, addiction, insanity, and adultery are the most common fault-based divorce grounds. A petitioner could also file a fault-based divorce for willful neglect of them or their children. To utilize any of these grounds, the defendant must accept responsibility for their actions by signing the papers, or contest the divorce.
Contested Divorce Cases
After a defendant contests a divorce, the couple has a few opportunities to settle. The first is to negotiate with the attorneys. The primary focus is to find a way to agree upon the terms. This includes property division and child custody arrangements.
The next step after negotiation is mediation. This process allows both parties to discuss their differences, and the meeting takes several hours to complete. If they cannot come to an agreement, the next step is to schedule a divorce trial.
Petitioners must comply with divorce laws to dissolve their marriage successfully. Couples with an extensive marital property may face difficulties dividing it amicably. They may encounter additional problems with fault-based grounds. The court could step in to help them calculate alimony in some cases. To learn more about these proceedings, contact a family attorney in Frederick at Russell & Heffner, LLC today.
