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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.
If you choose an uncontested, no-fault divorce, where you and your spouse agree on all the issues before going to court, then you can be divorced in 30 to 90 days after initial paperwork has been filed with the court.
Starting a divorce case in West Virginia costs $135 which is the standard filing fee for submitting a Petition for Divorce. Other expenses include hiring a sheriff to serve the respondent with divorce papers ($25).
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 ...
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.
If you choose an uncontested, no-fault divorce, where you and your spouse agree on all the issues before going to court, then you can be divorced in 30 to 90 days after initial paperwork has been filed with the court.
§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.
One way to get a no-fault divorce in West Virginia is to state in the Petition for Divorce that ?irreconcilable differences exist between the parties.? This ground may only be used if the defendant files an answer swearing that there are irreconcilable differences.