Each state recognizes legal grounds (reasons) for granting a divorce. The complaint in every divorce case must set forth the grounds for the divorce. Moreover, if the defendant in the divorce files a counterclaim, it must also set forth grounds for the divorce. In regards to divorce in West Virginia, grounds for divorce are:
- Irreconcilable differences
- Voluntary separation
- Cruel or inhuman treatment
- Adultery
- Conviction of a crime
- Permanent and incurable insanity
- Habitual drunkenness or drug addiction
- Desertion
- Abuse or neglect of a child
Residency Requirements
To obtain a West Virginia divorce, certain residency requirements must be met. These requirements vary depending on whether the marriage was entered into in West Virginia or in another jurisdiction.
If the marriage was entered into in West Virginia, as long as one of the parties is a resident of West Virginia at the time the complaint is filed, the action may proceed without regard to the length of time of such residency. On the other hand, if the marriage was not entered into in West Virginia, one of the parties must have been a resident of West Virginia at the time the cause of action arose or must have become a West Virginia resident since the cause of action arose. That residency must have continued uninterrupted for the one year period immediately before the filing of the complaint for divorce.
Venue
Venue is the term used to describe the location of the court where a lawsuit may be filed. In the case of a West Virginia divorce, venue is proper in the county of the defendant’s residence or in the county where the parties last cohabitated. However, if the defendant is not a resident of the state of West Virginia, the case may be filed in the county where the plaintiff lives or in the county where the parties last cohabitated.
Child Support, Custody and Visitation
If the parties have children, the non-custodial parent will usually be ordered to pay child support. The amount of child support will generally be determined according to West Virginia’s child support guidelines. West Virginia law gives judges the authority to deviate from the guidelines if certain special circumstances exist.
In a West Virginia divorce, the non-custodial parent typically will be awarded visitation. However, because the overriding concern is the best interests of the child, judges have broad discretion in deciding custody and visitation issues.
Getting Legal Help
If you live in West Virginia and are contemplating a divorce, you should speak with a qualified West Virginia divorce attorney. A divorce attorney will review your case and advise you of your rights and possible outcomes.
