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This is when your spouse: puts you in reasonable fear of bodily harm; makes false accusations of adultery or homosexuality against you; or. treats you in a way that destroys or tries to destroy your mental and physical well-being, happiness, and welfare, and makes it unsafe for you to keep being married to your spouse.
Unlike most states, which generally only offer one option for no-fault divorce, West Virginia allows couples to allege either (1) irreconcilable differences, or (2) that you and your spouse have lived separate and apart, continuously, without cohabitation, for one year or more.
There 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.
What are the basic steps for filing for divorce? First, you must meet the residency requirements of the state in which you wish to file. Second, you must have ?grounds? (a legally acceptable reason) to end your marriage. Third, you must file divorce papers and have copies sent to your spouse.
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.