Temporary Orders and Filing Divorce Papers Charleston WV
West Virginia Legal Requirements for Divorce
"No Fault" Grounds for Divorce
Separation (1 yr.) Â§48-5-202; irreconcilable differences Â§48-5-201.
If cause is adultery, one party must be resident at time action brought; if defendant is nonresident and service cannot be effected within the state, the plaintiff must have been a resident for 1 yr. prior to commencement of action. If ground other than a
Defenses to a Divorce Filing
Condonation; connivance; plaintiff's own misconduct; offense occurred more than 3 yrs. prior to divorce action; collusion is not a bar Â§48-5-301; adultery: voluntary cohabitation after knowledge.
48-5-101 et seq.
Other Grounds for Divorce
Adultery; cruelty or violence; drug/alcohol addiction; insanity (confined for 3 yrs. prior to complaint); conviction of crime subsequent to the marriage; neglect or abuse of child; abandonment or desertion for 6 mos.; irreconcilable differences if other party admits. Â§48-5-201; also lived apart without cohabitation and without interruption for one year.