The Divorce Process in West Virginia
by: jameswalsh
Total views: 106
Word Count: 724
The contribution of the farming sector to the economy is negligible, owing to the mountainous terrain. Per Capita Income wise, it is the third poorest state in the country. The Per Capita Income stands at $19,214, very low as compared to the national average of $25,035. Median Household Income wise, it is the 50th state in the US. 18.0% of the population lies below the poverty line. This is exceptionally high as compared to the national average of 13.3%. The unemployment rate stands at 4.9%. Only 16.9% of the population holds a Bachelor’s degree or higher, in contrast to the national average of 27.2%. Median age at first marriage is also relatively low. <br><br>For men it is 25.9 years and for women, 23.9 years. Poverty, low levels of education, early marriages and other factors mentioned above do have the potential to aggravate the divorce rate in the future. In order to file a divorce suit in a Circuit Court in West Virginia, one has to fulfill certain residency requirements. As per the residency requirements, a divorce suit can be initiated in West Virginia, if the marriage was solemnized in the state and one of the spouses had been a bona fide resident of West Virginia, at the time of the filing of the divorce suit. If the marriage was not solemnized in the state, a divorce proceeding can be initiated, if one of the spouses was or has become a bona fide resident of West Virginia and had remained so for a period of at least one year, just prior to the filing of the divorce suit. <br><br>The spouse who files the divorce papers is known as the Petitioner and the spouse on whom the papers are served is called the Respondent. If the respondent happens to be a resident of West Virginia, the divorce suit shall be filed in the county in which the two spouses last lived together or in the county in which the respondent resides. If the respondent is not a resident of West Virginia, the divorce proceedings shall be initiated in the county in which the two spouses last lived together or in the county in which the petitioner resides (West Virginia Code: Sections: 48-5-105 and 48-5-106). West Virginia Code has a range of both the fault- and no-fault-based grounds for divorce. The no-fault based grounds for divorce are: irreconcilable differences and voluntary separation without cohabitation for a year. The fault-based grounds for divorce are: adultery, addiction, cruelty, conviction of crime, desertion, incurable insanity and child abuse or neglect of parental duties (West Virginia Code: Sections: 48-5-201 to 48-5-209). <br><br>The court may issue temporary orders regarding relief, spousal support, child support, use and occupancy of marital home, use and possession of motor vehicles and freezing of assets, till the case is pending. Protective orders may be issued by the court in case of verification of allegations of abuse of a spouse or a child. Regarding division of property, West Virginia is an equitable distribution state. All the marital property is divided by the court in an equitable manner, as deemed just and fair by it. Any order concerning property division can be revised in the future. The court may order any party to pay for spousal support. <br><br>While doing so, the court reflects over many issues such as the age of the two parties, physical and mental health, employability, length of the marriage, contribution to marriage, tax consequences, needs and obligations of either party, etc. Spousal support is modifiable in the future, as per the changes in the circumstances of the two spouses. The parents may be ordered to attend the Parenting Education Classes, if they have minor children. The child custody is decided considering the best interests of the child. While doing so, the court deliberates over various social, emotional and psychological factors to ensure the stability and well-being of the child. The parents are required to file a parenting plan, which is open to modification by the court, at the time of its inception or in the future. The child support is calculated in accordance with the West Virginia Child Support Guidelines. <br><br>The court may deviate from these guidelines to do justice to the needs of a child. The child support may be modified in the future, if the well being of the child requires so.
About the Author
James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed <a href="http://www.managed-divorce.co.uk">divorce</a> see http://www.managed-divorce.co.uk
Rating: Not yet rated
Login to vote