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Hear this out loud PauseIn West Virginia, both spouses must agree that they have irreconcilable differences, which basically means they can't get along any more, and there's no reasonable prospect of getting back together. Otherwise, you'll have to choose (and prove) another ground as the basis for the divorce.
Hear this out loud Pause§48-5-202. (a) A divorce may be ordered when the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties.
Depending on factors like whether a couple pursues a contested or uncontested divorce and how long litigation takes, the length of a divorce will vary. However, the average time it takes to resolve a divorce in West Virginia is about one year.
Hear this out loud PauseA divorce may be ordered for adultery. Adultery is the voluntary sexual intercourse of a married man or woman with a person other than the offender's wife or husband. The burden is on the party seeking the divorce to prove the alleged adultery by clear and convincing evidence.
Hear this out loud PauseThere is no separation requirement before divorce EXCEPT for divorces on ?One Year Separation.? However, every divorce petition must give the date the spouses ?last lived together.? The ?period of separation? can be important in a variety of ways. The ?period of separation? can affect: Custody allocation, or.