Get Wv Sca-c100.02

The West Virginia circuit courts and family courts have jurisdiction to grant a divorce for any grounds fixed by law in the state, without regard to the law of the place where the marriage occurred or where the marital offense was committed. Either or both parties to a marriage may initiate an action for divorce.

At least one of the spouses must have been a resident of West Virginia for at least 1 year immediately prior to filing for divorce. However, if the marriage was performed in West Virginia and one spouse is a resident when filing there is no durational time limit.

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.

In West Virginia, any property that belonged to only one spouse before marriage is considered separate property, as is any gift or inheritance received by one spouse. Any property acquired or earned during the marriage is marital property, regardless of which spouse earned or acquired it.

Note that adultery is a fault ground for divorce in West Virginia. It's defined in the law as the voluntary sexual intercourse of a married man or woman with a person other than the offender's wife or husband.

West Virginia offers what is known as a no fault divorce, under which you don't have to prove (or even allege) that your spouse engaged in any specific wrongdoing in order to get divorced.

How long does a divorce take in West Virginia? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final.

Fees and Court Costs. The following fees are due at the time you file your divorce. * Fee for filing Divorce Petition - $135. * Fee if your Petition is served on the Respondent by the Sheriff's Department - $25.

Your state might not allow a judge to consider adultery. However, you can still try to deny your cheating spouse alimony. ... If your income is much higher than your spouse's, then a judge is more likely to award alimony. However, if your incomes are similar, you have a strong argument against alimony.

Although historically spousal maintenance was typically awarded to homemaker wives, to be paid by breadwinning husbands, that is no longer always the case. ... In such cases, the alimony will often be temporary, providing income for the period of time that will enable the recipient spouse to become self-supporting.

In the United States, adultery remains a crime in some states but is rarely prosecuted. These days, adultery rarely has much of an impact on the distribution of assets -- except in cases where one spouse has used marital assets to support the extra-marital relationship.

In most cases, the wife gets 20-35 per cent of a husband's net taxable income as alimony. If the woman is working, she can still get maintenance if the court feels her demands are reasonable, if she has dependants or if her income is not sufficient to support the lifestyle she enjoyed while married.

Adultery as Grounds for Divorce. Adultery is when a spouse has a sexual relationship outside the marriage. If you're getting a divorce and adultery has taken place, it can have a significant impact on the divorce. ... Most states allow you to get divorced simply because you and your spouse no longer get along.

Fees and Court Costs. The following fees are due at the time you file your divorce. * Fee for filing Divorce Petition - $135. * Fee if your Petition is served on the Respondent by the Sheriff's Department - $25.