West Virginia allows both fault-based or no-fault based divorce filings, but in either case, the filing will be resolved in a contested or uncontested manner. In an uncontested divorce, both spouses will ultimately negotiate and collaborate on the terms of their divorce outside of the courts, with the eventual outcome being a mutually agreed upon resolution to their divorce case. If such as resolution is not reachable, the courts will forced to intervene and rule on a given divorce case, in what is known as a contested divorce. Generally, the most common method of resolution is via uncontested divorce, but again, the case-specific nature of each divorce will require legal insight into the appropriate route of resolution in any given case.
Residency Requirements
In order to either type of divorce, whether on fault-based or no-fault based grounds, West Virginia divorce law mandates that at least one (1) spouse involved have maintained residency within the state for a period of not less than one (1) year, if the marriage formed outside of state. If marriage occurred within state of West Virginia, no residency requirement exists.
Grounds
The bulk of uncontested divorce resolutions are initiated as no-fault divorce filings in West Virginia, as well as most other states. Although specific fault-based grounds do exist in West Virginia, filing under no-fault based grounds requires petitioners to still cite sufficient grounds, as recognized by the state. These grounds include:
- Either living continuously without cohabitation for no less than one (1) year
- Or, citing irreconcilable differences
Getting Legal Help
Contrary to the name, uncontested divorce often entails contested divorce settlement negotiations outside of the courts between both spouses, their respective legal counsel, and sometimes, even third parties, such as mediators, arbitrators, and collaborative divorce counselors as well. In short, an uncontested divorce requires a mutually agreed upon settlement of all terms and conditions related to the divorce. This consensus is not guaranteed to occur easily. Given the significant nature of some of the items negotiated in the every uncontested divorce action, such as long-term child custody, visitation, payments of support, and division of property, any spouse should consult with legal counsel from the outset of a divorce filing. For more information and insight into the uncontested divorce process in West Virginia, including insight into your specific divorce case, consult with a West Virginia uncontested divorce lawyer to learn more about your legal rights and options.
