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West Virginia divorce - Legal Separation.
The grounds for legal separation are the same as for divorce. One of the spouses must have been a resident of West Virginia for at least 1 year prior to filing for legal separation. [West Virginia Code; Section 48-5-501]. ... More details |
West Virginia divorce - Mediation or Counseling.
If the divorce involves a minor child, the court will order the parents to attend a parent education class to educate parents about the effects of divorce and custody disputes on children and teach parents methods to help children minimize their trau ... More details |
West Virginia divorce - Property distribution.
West Virginia is an "equitable distribution" state. Each spouse may retain his or her separate property:
(1) acquired prior to the marriage; (2) acquired by gift or inheritance during the marriage; (3) any increase in value of ... More details |
West Virginia divorce - Residency Requirements.
In order to file for divorce in West Virginia, there is no time-limit residency requirement if the marriage was performed in West Virginia and one spouse is a resident when filing. Otherwise, one spouse must have been a resident for at least 1 year. ... More details |
West Virginia divorce - Rights to Maiden Name.
Either spouse may request to restore his/her former name. ... More details |
West Virginia divorce - Title of Divorce action.
Complaint for Divorce. ... More details |
West Virginia divorce - Where to file for divorce.
File in the county where spouses last resided together, or the county of defendant if defendant is a resident, or the county where the plaintiff lives if the defendant is a non-resident.
[West Virginia Code; Sections 48-5-103, 48-5-105, and 48-5-106 ... More details |
What divorce cost.
The fee for divorce depends on a number of factors, including whether the divorce is contested, whether children are involved, the property or debts to be divided, how willing the parties are to negotiate, and the amount of time the lawyer must spend ... More details |
What happens after the divorce action is filed?
After the divorce action is filed, either spouse can ask a court for temporary orders on matters like spousal support and child custody, support and visitation. Also, if a spouse is harassing the other, a court can issue a "restraining order.&qu ... More details |
What happens in a fault divorce if both spouses are at fault?
Under a doctrine called "comparative rectitude," a court will grant the spouse least at fault a divorce when both parties have shown grounds for divorce. ... More details |
What is a marital settlement agreement?
When going through a divorce, a marital settlement agreement is an agreement between the spouses dealing with property division, support, and related matters. ... More details |
What is a premarital agreement?
A premarital agreement is a contract between two people who are about to marry. The contract defines the rights and benefits that will exist during the marriage and after (in the event of divorce). Without a premarital agreement, state laws define th ... More details |
What types of changes justify the support order?
Certain types of changes justify modifying the support order. Loss of a job is certainly a changed circumstance. Others might be unusually high medical expenses, a significant increase in the earnings of the spouse who is paying support, or the remar ... More details |
What will a judge consider In child custody laws.
Normally, the judge deciding child custody matters will consider the parents' wishes, the child's wishes, the relationship of the child to his siblings or others with whom he has contact, the child's likely adjustment to home, school, and community, ... More details |
When Your Spouse Lives In A Different State.
If your spouse lives in a different state and he or she is willing to sign the divorce papers, your case would be treated as a regular uncontested divorce.
If he or she is not willing to sign the divorce papers and you need to have him o ... More details |
Who pays for debts made during the Marriage.
Parties should agree which of them will pay each of their joint debts. Even so, your agreement (and even the decree of the court) is binding only between you and your spouse. Creditors are not required to honor the apportionment of joint debts in the ... More details |
Wisconsin divorce - Alimony maintenance spousal support.
Either spouse may be ordered to pay maintenance to the other spouse, without regard to marital misconduct. The factors for consideration are as follows:
(1) the time necessary to acquire sufficient education and training to enable the sp ... More details |
Wisconsin divorce - Child Custody.
Joint or sole child custody, "legal custody and physical placement, " may be awarded based on the best interests of the child and the following:
(1) the preference of the child; (2) the wishes of the parents; (3) the child's ad ... More details |
Wisconsin divorce - Child support.
Either or both parents may be ordered to pay child support and health care expenses. The factors to be considered are:
(1) the financial resources of the child; (2) the standard of living the child would have enjoyed if the marriage had ... More details |
Wisconsin divorce - General Divorce Procedure.
The spouses may file joint petition for divorce, in which they both consent to personal jurisdiction of the court and waive service of process. If the divorce involves children, an official child support form and a financial disclosure form must be f ... More details |
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