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Courts and
Community Resources
Lawyers and Divorce
Mediation
Glossary of Family Law Terms
The West Virginia Judicial System
The West Virginia State Bar
State Statutory Resources
West Virginia Code
West Virginia State Law Library
Divorce Law
No-Fault
grounds are: (1) irreconcilable differences have arisen between the
spouses; or (2) living separate and apart without cohabitation and
without interruption for 1 year. [West Virginia Code; Section 48-2-4].
There is a
simplified divorce procedure:
If one spouse files a verified complaint for divorce on the grounds of
"irreconcilable differences", the other spouse may file a verified
"answer" admitting the "irreconcilable differences" and a divorce will
be granted. Circuit clerks are required to have supplies of an
official "answer" form on hand, free of charge. No witnesses will be
necessary for any proof for a divorce on the grounds of
"irreconcilable differences". In other cases, witnesses will be
required.
[West Virginia Code; Sections 48-2-4, 48-2-16, and 48-2-33; and West
Virginia Rules of Civil Procedure-R
Marriage and Living Together Law
West Virginia Marriage License Information
Marital Separation Agreements Explained
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Child Support
Child Support Explained
West Virginia Bureau
for Child Support Enforcement
Child Custody and Visitation Law
FAQ on Child Custody and Visitation
Child Custody Resources
Either parent may be awarded custody. There is a presumption in favor
of the parent who has been the primary caretaker of the child.
Property Division
West Virginia is an "equitable distribution" state. Marital property
is to be divided equally and without regard to any marital misconduct.
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