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§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.
You can obtain a divorce without the assistance of an attorney, but if minor children will be involved in your divorce, if you and your spouse own a home or business, or if you or your spouse have a pension or retirement plan, your custody, property, and support rights may be better protected with the help of an ...
Can You Get a Divorce Without the Other Person Signing? Yes, you can obtain a divorce without your spouse's signature. There are many reasons why spouses refuse to sign. Sometimes a spouse cannot be located or the spouse does not want the marriage to end.
In 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.