Divorce is undoubtedly one of life’s most challenging experiences. The legal process can be overwhelming, with complex terminology, confusing procedures and high stakes. If you are considering ending your marriage in West Virginia, you are likely grappling with various questions, from what you will get to keep after your separation and what your future will look like.
Understanding the key aspects of your divorce is not just about legal compliance but about empowering yourself to make decisions that will shape your life moving forward. Here are some of the most common questions about divorce in West Virginia.
What are the grounds for divorce?
In West Virginia, you can file for either a no-fault or fault-based divorce. In a no-fault divorce, also known as an “irreconcilable differences” divorce, you can dissolve your marriage without placing blame on either party. A fault-based divorce, on the other hand, requires proving that your spouse engaged in misconduct, such as adultery, abuse or abandonment.
How are assets divided in a West Virginia divorce?
Courts in the state follow the principle of equitable distribution when allocating marital assets. This means judges will split marital property fairly, but not equally, based on various factors. These may include each spouse’s financial situation, contributions to the marriage and future needs. Generally, assets you owned before marriage will remain yours.
What is the difference between a contested and uncontested divorce?
There are two primary paths to divorce: contested and uncontested. In an uncontested divorce, you and your spouse will work together to reach a mutually agreeable settlement on key issues, such as asset division, child support and custody. This leads to a faster, more cost-effective and less emotionally draining process.
On the contrary, a contested divorce occurs when you and your partner cannot come to an agreement, and the court must intervene to resolve disputes. While a contested divorce may provide a clearer resolution with a judge’s ruling, it can be a longer, more expensive and emotionally taxing process.
Making smart choices in your divorce
The decisions you make during your divorce proceedings will echo through your future, shaping your financial stability and overall well-being for years to come. It is natural to feel overwhelmed, confused or even scared. But remember, knowledge is your lifeline during these difficult times.