Divorce Law in West Virginia
Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues. Are you facing a costly divorce in West Virginia? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.
Issues Involved in West Virginia Divorce Law
There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.
One of the most challenging issues in the divorce law process is dividing property, debts and assets. In many states, like West Virginia, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition property, which may not equate to a perfect 50/50 division of your property, debt, and other assets.
Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing and other basic needs.
West Virginia uses the Income Shares Support Formula to determine child support payments. The amount of support depends on several factors, including the gross income of both parents, and the amount of time the child spends with each parent. Child support can be paid by mail, by phone, or online through the West Virginia Support Payment Center.
West Virginia’s Bureau for Child Support Enforcement (BCSE) uses enforcement methods that include credit bureau reporting, tax refund intercept, passport denial, and driver’s license suspension. The BCSE can also order property liens, and income withholding. If nonpayment persists, the BCSE may file a contempt motion with the court which can result in fines and jail.
Alimony, or spousal support, can vary dramatically depending on the marriage, and West Virginia divorce law court looks at multiple factors when determining the amount and length of alimony, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and level of education
- The division of property
- Parental responsibility of the children
- Sole investments and assets of either spouse
Under West Virginia Code, the court can grant temporary, rehabilitative, and permanent spousal support. Temporary support can be granted during the divorce proceedings. Rehabilitative support can be awarded to help one spouse reach financial stability through job training or education. Permanent support can last until one of the spouses dies. Finally, the court may also grant spousal support in gross, which is one total amount to be paid, either at once or in installments.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.
West Virginia recently passed the Best Interests of the Child Protection Act of 2021 which advocates for frequent and continuing contact with both parents. Under West Virginia Code, factors that are considered include stability of the child, and continuity of existing parent-child attachments. Additionally, security from exposure to physical or emotional harm is weighed heavily by the courts.
Generally, West Virginia courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in West Virginia
Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the West Virginia divorce law process.
Step 1: File the Divorce Law Petition
The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:
- A legal reason for divorce (grounds for divorce)
- A statement that shows at least one spouse meets the state’s residency requirements for divorce
- Other statutory information your state requires
Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.
The courts will allow a no-fault divorce in West Virginia if “irreconcilable differences” is listed as the cause of divorce.
Step 2: Request Temporary Orders
The divorce law process in West Virginia can take several months, and in some cases, spouses cannot wait that long for judgments, but temporary orders can be requested and approved for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.
Step 3: Serve Your Spouse and Wait for Their Response
If you are the one who files a petition for divorce, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third-party who then records the proof of service.
Step 4: Try To Come to an Agreement
The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.
This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a West Virginia judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties. Family Court judges hear cases involving divorce in West Virginia. There are 47 Family Court judges who serve 27 Family Court Circuits.
Step 6: Receive the Judgement of Divorce
The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody and all relevant issues between the couple.
Work With an Experienced West Virginia Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced West Virginia divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across West Virginia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!