How long does an uncontested divorce take in West Virginia?

Does WV have a waiting period for divorce?

West Virginia has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.

How long does an uncontested divorce hearing take?

An uncontested divorce hearing typically takes about 20 minutes. At the end of it, the judge will state that s/he is granting your divorce. The judge will sign a written divorce decree, also called a divorce order or “Findings of Fact, Conclusions of Law, and Judgment of Absolute Divorce.”

Do you have to be separated before divorce in WV?

There is no separation requirement before divorce EXCEPT for divorces on “One Year Separation.” However, every divorce petition must give the date the spouses “last lived together.” The “period of separation” can be important in a variety of ways.

Is WV A 50/50 divorce state?

West Virginia is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case. … Factors such as one spouse’s economic misconduct may also be considered.

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How does a divorce work in WV?

While divorce laws vary by state, here are the basic steps: First, you must meet the residency requirements of the state in which you wish to file. Second, you must have “grounds” (a legally acceptable reason) to end your marriage. Third, you must file divorce papers and have copies sent to your spouse.

Why is my uncontested divorce taking so long?

What Might Delay the Uncontested Divorce Process? … Even an uncontested divorce can take a long time if the paperwork is filed late or incorrectly. This is where an experienced attorney can help. The timeline may also depend on the county where you file, the calendar of the court, and the cooperation between the spouses.

What happens if a divorce is uncontested?

An uncontested divorce means that both spouses agree on all of their divorce-related issues. … Even though you have to meet certain requirements, an uncontested divorce is often much easier than a contested divorce because spouses can end their marriage without constant negotiations, legal posturing, and court hearings.

How long does a divorce take from start to finish?

Divorce cases that go to trial take an average of 17.6 months to resolve, but spouses who settle their issues can have their uncontested divorce final in about 1–3 Months. Letting a judge resolve divorce issues doesn’t make unhappy spouses happier former spouses.

How many years do you have to be married in WV to get alimony?

Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

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What is considered abandonment in WV?

Willful desertion or abandonment for six months is a ground for divorce from marriage in West Virginia. Desertion in divorce law is the voluntary separation of one of the married parties from the other. … A mere separation, agreed to by both parties is not considered a desertion by either party.

Who gets the house in a divorce in WV?

In West Virginia, any property that belonged to only one spouse before marriage is considered separate property, as is any gift or inheritance received by one spouse. Any property acquired or earned during the marriage is marital property, regardless of which spouse earned or acquired it.