Can You Get a No-Fault Divorce in West Virginia?

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Divorce is hard enough when you and your spouse both agree that your marriage is at an end, and that you also agree about the reasons why it should be over. You still must deal with the emotional, logistical, and financial fallout of the end of your union, especially if you have children, but, at least, you have the chance to avoid a bitter divorce battle. This is the type of situation where no-fault divorce can provide the perfect option.

What Is No-Fault Divorce?

West Virginia, like many states, allows couples to file for divorce without blaming their spouse’s actions for the end of their relationship. This is known as a no-fault divorce. When people file for no-fault divorce, they often list “irreconcilable differences” as the reason.

In addition to no-fault divorce, couples can file for a fault divorce in West Virginia. A fault divorce is the exact opposite of a no-fault divorce. Filing for a fault divorce requires a person to provide grounds for the end of their marriage, such as:

  • Insanity – If a person is found to be legally insane, their spouse may be able to use that as grounds for divorce.
  • Cruel Treatment – This can involve a spouse physically or emotionally abusing their partner. It can include physical violence, knowingly giving a sexually transmitted disease to their spouse, repeated acts of rage (yelling, screaming, property damage, et cetera), constantly criticizing their spouse, repeatedly staying away from home without providing an explanation, publicly flaunting an affair, or wrongfully accusing their spouse of an affair. If a person can prove their spouse has been engaging in cruel treatment, that can provide them with grounds for filing for divorce.
  • Adultery – If a person cheats on their partner, that can enable their spouse to divorce them.
  • Child Abuse – If a parent abuses or neglects their children, that can allow their spouse to file for divorce.
  • Desertion – If a person abandons their spouse, that can provide their spouse with grounds for divorce.
  • Felony Conviction – If a person is convicted of a felony, their spouse will have grounds for divorcing them.

Is No-Fault Divorce the Same as Uncontested Divorce?

No-fault divorce and uncontested divorce are two different things. An uncontested divorce is when spouses agree about the terms of the divorce, such as spousal support, child custody, and child support. This contrasts with a contested divorce, which involves spouses disagreeing about terms of their divorce (and in some cases, disagreeing about whether they should get divorced at all).

A divorce can be both no-fault and uncontested or no-fault and contested. Divorces can also be fault and uncontested and fault and contested. For example, if a couple gets divorced because of irreconcilable differences and they agree about the terms of their divorce, then their divorce would be considered no-fault and uncontested.

Discuss Your Situation with Our Experienced Divorce Attorneys Today

Getting through the divorce process is difficult to say the least, especially if you and your spouse can’t make compromises.

At Sutton & Janelle, PLLC, we understand difficulties that come with divorce better than anyone. For years, we have been providing clients with the support and guidance they need to face the challenges of every type of divorce imaginable. We have helped clients secure favorable outcomes in fault divorces, no-fault divorces, contested divorces, and uncontested divorces.

To learn more about how we treat clients and how we can help you through the divorce process, read our reviews.

For more information about divorce in West Virginia, or to discuss your situation with our experienced divorce lawyers, call us at (304) 867-0049 or reach out to us online today to schedule a free & confidential consultation.

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