Grounds for Divorce in West Virginia
The grounds you pursue for divorce often set the tone for the whole case. In fact, until no-fault divorce was an option, spouses had to prove the other spouse was to blame for the marriage breakdown in order to obtain a divorce. Having to prove fault often resulted in adversarial and acrimonious divorces, where both sides aired the other's dirty laundry in public in an attempt to convince the court to grant divorce.
The first no-fault divorce was introduced by the California legislature in 1970, and as of October 2010, all U.S. states now offer some form of no-fault divorce. No-fault divorces opened doors for the possibility of more amicable settlements. Today, many divorces are settled outside of court through mediation, collaborative law, or negotiation.
West Virginia offers both no-fault and fault grounds for divorce under West Virginia Code §48-5. Divorce, which defines the grounds for divorce in West Virginia.
West Virginia no-fault grounds
The two no-fault grounds include:
- Irreconcilable differences.
- Living separate and apart in separate residences without any cohabitation, continuously for one year. Separation may be based on one party's voluntary action or mutual consent of both parties.
West Virginia fault grounds
Fault grounds for divorce in West Virginia are:
- Adultery
- Conviction of crime
- Permanent and incurable insanity
- Habitual drunkenness or drug addiction
- Desertion
- Abuse or neglect of a child
If both spouses sue each other on fault grounds, the court grants the divorce to the spouse who is the least at fault (called comparative rectitude). While the court takes many factors into consideration, fault grounds may influence a judge’s decision in awarding child custody, deciding property division, or allowing alimony.
When considering grounds for divorce, it is best to discuss your situation with qualified Clarksburg divorce law firms. Ask about legal fees, court costs, and other expenses associated with litigation and compare the costs of mediation or collaborative divorce. Even if both parties agree on no-fault grounds, their divorce may still require alternative dispute resolution or litigation to resolve other issues, such as child custody, child support, and property division, and whether to consider spousal support.
Clarksburg divorce lawyers can help you make important decisions to achieve your objectives and protect you and your children’s best interests when facing divorce in West Virginia. If you are looking for a West Virginia personal injury attorney this firm can help.
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