West Virginia

Marriage & Family Law Home

In the state of West Virginia, spousal support, otherwise known as alimony, may be declared through a court order, an antenuptial agreement, or a separation agreement. Spousal support may be paid as a lump sum or as periodic installments, as required by the court. The main requirement for spousal support is that the two individuals must be living separately and apart from each other.

The direct fault of either spouse for the dissolution of the marriage will be taken into consideration for spousal support, along with other factors. Other factors to be taken into consideration by the court include, but are not limited to:

• The length time the parties were married



• The period of time during the marriage when the parties actually lived together



• The current ....... Click here to get more info on Alimony

Factors considered in awarding spousal support, child support or separate maintenance.

In cases where the parties to an action commenced under the provisions of this article have not executed a separation agreement, or have executed an agreement which is incomplete or insufficient to resolve the outstanding issues between the parties, or where the court finds the separation agreement of the parties not to be fair and reasonable or clear and unambiguous, the court shall proceed to resolve the issues outstanding between the parties. The court shall consider the following factors in determining the amount of spousal support, child support or separate maintenance, if any, to be ordered under the provisions of parts 5 and 6, article five of this chapter, as a supplement to or in lieu of the separation agreement:

• The length of time the parties were married



• The period of time d ....... Click here to get more info on Child Support

Unless otherwise resolved by agreement or unless it is against the welfare of the child, the court can allocate custody so that the proportion of time the child spends with each parents matches the amount of time each parent spent performing caretaking functions for the child before the parents' separation to the extent required to achieve any of the following objectives:

• To allow the child to have a relationship with each parent who has done a fair share of parenting



• To consider the preferences of a child who is 14 years of age or older, or regarding a child under fourteen years of age to give that preference weight according to the circumstances of the case



• To keep siblings together as necessary to their welfare



• To protect the child's welfare when the child would be harmed because of a difference in the quality of the emotional attachments or in each parent's ability to meet the child's needs



• To take any prior agreement into account of the parents that may be appropriate to consider



• To avoid an allocation of custody that would be impractical or would interfere with the child's need for stability



• the distance between the parents' residences



• the cost and difficulty of transporting the child



• the parents' and child's daily schedules



• the ability of the parents to cooperate in the arrangement



• if one parent relocates, or plans to relocate at a distance that will impair the ability to exercise the responsibility that would be ordered to them



• To consider the stage of a child's development.

The limitations that the court are the following:

• An adjustment of the custodial responsibility of the parents (increased, or allocation of parenting time, or allocation of custody responsibility



• Supervision of the custodial time between a parent and the child
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• Exchange of the child between parents through an intermediary, or in a pr ....... Click here to get more info on Custody

In West Virginia a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

Grounds for divorce include:

• adultery



• cruelty/violence



• drug or alcohol addiction



• insanity resulting in confinment for 3 years for m ....... Click here to get more info on Divorce

West Virginia law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply. ....... Click here to get more info on Visitation

Under West Virginia law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. ....... Click here to get more info on Property Division