West Virginia Annulment Questionnaire

State:
Multi-State
Control #:
US-Q1002
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an annulment matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

State laws related to civil annulments and prohibited marriages may vary. West Virginia law permits civil annulments if one party has not had a previous marriage dissolved, has a sexually transmitted infection, or is impotent. It also prohibits marriages between closely related family members.

In West Virginia, you can get a no-fault divorce or a fault-based divorce. A no-fault divorce is when you file for divorce without saying that your spouse is responsible for the end of the marriage because: you allege that there are irreconcilable differences;1 or.

To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce.

West Virginia allows the following fault-based grounds for divorce: cruel or inhuman treatment (more on that below) adultery. child abuse or neglect.

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.

The first step is filing your divorce in the circuit clerk's office. After that, the Family Court Judge's office will handle your case. You can call the Family Court Judge's office to check on the status of your case.

In addition, if the parties were married for two years or more before the commencement of the annulment action, no annulment will be decreed. Other legal defenses may also apply, such as defects in jurisdiction, failure to prove the grounds alleged, res judicata and estoppel.

West Virginia law is very clear that in fault-based divorces, the judge shall (must) take adultery into account when making alimony decisions. The judge can adjust the amount or duration of an alimony award when a spouse has committed adultery.

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West Virginia Annulment Questionnaire