West Virginia Affidavit of Desertion of Spouse

State:
Multi-State
Control #:
US-01651BG
Format:
Word; 
Rich Text
Instant download

Description

An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. The formal requirements of an affidavit usually are:

1. The identification of the place where the affidavit was taken (i.e., the venue);
2. The signature of the affiant (i.e., the person giving the affidavit); and
3. The certificate evidencing the fact that the affidavit was properly made before a duly authorized officer (i.e. the jurat), which includes the proper authentication by the authorized officer.

It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer=s consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. The following form may be used in most jurisdictions if properly completed.

How to fill out Affidavit Of Desertion Of Spouse?

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FAQ

Abandonment defined. "Abandonment" means any conduct by the birth mother, legal father, determined father, outsider father, unknown father or putative father that demonstrates a settled purpose to forego all duties and relinquish all parental claims to the child.

The Indian Courts require 4 things to be established by the person who wishes to seek divorce on desertion ground. 1) Animus Deserendi ? This means the intention to desert. ... 2) SEPERATION ? Animus deserendi is followed by the actual separation. ... 3) No reasonable just cause to leave- ... 4) Without the consent-

§48-5-208. A divorce may be ordered to the party abandoned, when either party willfully abandons or deserts the other for six months.

You will need to file a "Complaint for Annulment" in a county family court clerk's office. You should file the complaint in the county where either you or your spouse lives, or where you last resided together. You will need to have lived in West Virginia for at least one year or have married in West Virginia.

If the couple has minor children, spouses seeking a divorce under the grounds of spousal abandonment must live apart and separately for at least one year. If the couple has no children, they must live separately and apart for at least six months, provided they can enter into a postnuptial agreement.

In other words, the courts can't force you or your spouse to stay in a marriage. The one who abandons the marriage will not be forced to return, but they will be held financially responsible for things such as child support, spousal support, and property division via a divorce court order.

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.

If a parent ?abandons? the child with no gaps in time for six months or from the child's birth if the child is under six months old, then that child is free for adoption.

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West Virginia Affidavit of Desertion of Spouse