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A 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.
Equal division of marital property. Except as otherwise provided in this section, upon every judgment of annulment, divorce or separation, the court shall divide the marital property of the parties equally between the parties.
One of the ways that cheating can impact a divorce settlement is through spousal support. If one spouse can prove that the other was unfaithful, the court may take that into consideration when deciding on the amount and duration of spousal support. In some cases, the court may even deny spousal support altogether.
West Virginia judges can even deny alimony altogether when a spouse has committed adultery: Judges must consider and compare the fault or misconduct of either or both of the spouses and the effect of the fault or misconduct as a contributing factor to the breakdown of the marital relationship. (W.Va.
West Virginia allows the following fault-based grounds for divorce: cruel or inhuman treatment (more on that below) adultery. child abuse or neglect.
You can find an answer form on the West Virginia Supreme Court of Appeals website here. You should fill out the forms for the Respondent. You can also get an Answer form in the circuit clerk's office. The answer states whether you agree to the divorce.
Yes. After you get the final divorce order, you can appeal it. The order will tell you about your right to appeal to the Circuit Court. In special circumstances you could appeal directly to the West Virginia Supreme Court of Appeals.
You allege that there are irreconcilable differences;1 or. you and your spouse have lived separate and apart in different homes without acting as a married couple (cohabitating) for at least one continuous year.