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West Virginia No-Fault Divorce

Is No-Fault Divorce Possible in West Virginia?

In the past, divorce was only possible when one of the spouses was able to prove in court that the other spouse was at fault for causing the failure of the marriage. This forced many people to continue to live unhappy lives, trapped in loveless relationships or even victimized by domestic violence. The only option for many of these couples was to legally separate, effectively bringing about most of the conditions of divorce but still making impossible to remarry. Since 2010, all states across the country have passed laws which make no-fault divorce an option, making it easier for couples to end their marriages and enter a new chapter in their lives.

How Do I File For a No-Fault Divorce?

In order to file for divorce without fault, it will be necessary for you to file allegations claiming that your relationship suffers from irreconcilable differences. Your spouse will also be required to file a formal answer confirming that this is true. Alternatively, you can file a claim that you and your spouse have lived separately and apart for at least one full year, without any interruption and without cohabitation, by which is meant that you must abstain from sexual relations with one another. As a note, if you engage in a sexual relationship with another person during the period of your separation you could potentially be accused of adultery and end up facing a fault divorce.

Fighting For Your Rights in Divorce

The fact that no-fault divorce makes it easier for you to file for divorce does not mean that the process of legally dissolving your marriage will be easy. You still have the task of either negotiating a settlement out of court or of fighting in court where the judge will decide issues such asĀ child custody, property distribution and spousal support. Whether you want aggressive legal representation in a contested divorce or if you want to use strategies such as mediation to pursue an uncontested divorce, you can find the help you need at the Klie Law Offices.