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Does West Virginia Offer Legal Separation? West Virginia doesn't offer legal separation. Instead, you can file for separate maintenance, which is similar to a legal separation and allows the court to determine the same issues as though it was a divorce?but in the end, you're still legally married to your spouse.

In order to be granted a no-fault divorce in the state of West Virginia, a couple must state grounds, or terms that qualify them for said divorce. The two no-fault grounds are: incompatibility and separate cohabitation (voluntary or involuntary) for at least a year.

Online Divorce in West Virginia. Couples pursuing an uncontested divorce in West Virginia can prepare for the filing process using a self-guided online questionnaire provided by DivorceOnline.com. This online divorce software helps complete all the forms as quickly as possible.

There is no separation requirement before divorce EXCEPT for divorces on ?One Year Separation.? However, every divorce petition must give the date the spouses ?last lived together.? The ?period of separation? can be important in a variety of ways. The ?period of separation? can affect: Custody allocation, or.

Section 13B of the Hindu Marriage Act of 1955 and Section 28 of the Special Marriage Act of 1954 both outline the procedure for obtaining a divorce by mutual consent. These sections stipulate that the spouses must live separately for a minimum of one year before filing for a divorce by mutual consent.

West Virginia allows you to file for a no-fault divorce based on either of the following grounds: you and your spouse have irreconcilable differences, or. the two of you have been separated for at least one year without interruption or marital relations, and that separation was voluntary for at least one of you.