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West Virginia: Grounds for Divorce in West Virginia
Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.
Grounds for Filing: The Petition for Divorce must declare the appropriate West Virginia grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:
A divorce may be ordered:
No-Fault:
(1) Living separate and apart in separate places without any cohabitation and without interruption for one year; or
(2) Irreconcilable differences between the two parties.
Fault:
(1) Reasonable apprehension of bodily harm;
(2) False accusation of adultery or homosexuality; or
(3) Conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness and welfare of the other and render continued cohabitation unsafe or unendurable.
(4) Adultery.
(5) Felony Conviction.
(6) Permanent and Incurable Insanity.
(7) Habitual drunkenness or drug use.
(8) Willful neglect or abuse of spouse or child.
(West Virginia Code - Sections: 48-5-202 and 48-5-209)
Copyright Notice: The above synopsis of West Virginia grounds for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.
If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.
Related Divorce Resources:
- Start Your West Virginia Divorce Today (5 Great Options!)
- Locate a West Virginia Divorce Professional Near You
- Read More About West Virginia Divorce Laws
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