West Virginia
West VirginiaWest VirginiaThe followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider. Divorce Law GROUNDS FOR DIVORCE Grounds: Adultery; cruelty orviolence; desertion; drug/alcohol addiction; nonsupport;insanity; conviction of crime; abuse of child. Residency: If ground other thanadultery, one party must be resident at time the cause arose orsince then has become a resident and lived in state 1 year beforeaction; if parties married in West Virginia, then only one justbe resident upon filingÑno specified length of time. Waiting Period: None listed. No Fault: Irretrievable breakdown;separation (1 year). Defenses: Condonation; connivance;plaintiffÕs own misconduct; collusion is not a bar. Code Section: 48-2 CHILD CUSTODY
Uniform Child Custody Act:1981
Joint Custody:No
Grandparent Visitation:Yes, 48-2-15(b)(1)
Child's Wishes Considered:Yes
Code Section: 48-2-15 MARITAL PROPERTY
Community Property: No ANNULMENT AND PROHIBITEDMARRIAGE Grounds: Previous marriageundissolved; within line of prohibited consanguinity; partyinsane; venereal disease; impotency; underage; convicted ofinfamous offense prior to marriage; wife with child of anotherman or had been a prostitue; husband had been a licentiousperson. Time Limitation: None listed. Legitimacy of Children: Children ofannulled or prohibited marriage are legitimate. Prohibited Marriages: Betweenancestor and descendant, brother and sister, half-brother andhalf-sister, aunt and nephew, uncle and niece, first cousins,double cousins (unless solely by adoption). Code Section: 42-1-7; 42-2-2;48-1-2, 3 RESOURCES Office of Child Support EnforcementRegional Representative (West Virginia)
3535 Market St., Rm. 5220
PO Box 8436
Philadelphia, PA 19101
Phone: (215)596-1320 West Virginia Bar Association
904 Security Bldg.
100 Capitol St.
Charleston, WV 25301
Phone: (304)342-1474
Fax: (304)345-5864 West Virginia Child Advocate Office
Department of Human Services
Bldg. 6, Rm. 812
State Capitol Complex
Charleston, WV 25305
Phone: (304)348-3780
Fax: (304)348-2059 West Virginia Consumer Services Division
PO Box 50540
Charleston, WV 25305-0540
Phone: (304)558-3386
Free: 800-642-9004 West Virginia Division of Banking
State Capitol Complex
Bldg. 3, Rm. 311
Charleston, WV 25305
Phone: (304)558-2294
Free: 800-642-9056
Sharon G. Bias, Commnr. West Virginia State Bar
2006 Kanawha Blvd., E.
Charleston, WV 25311
Phone: (304)558-2456
Fax: (304)558-2467 West Virginia Vital Registration Office
Bldg. 3, Rm. 516
State Capitol Complex
Charleston, WV 25305
Responds to public inquiries for birth records dated to 1920(prior to this, filed with clerks of county courts; birthcertificates prior to 1920 filed with Archives and HistoryLibrary listed below), death records dated to 1957, and certifiedcopies of marriage applications dated from 1964. Search orcertified copy, $5. Central index of marriages dating to 1921.Central index of divorces dating to 1968. Search cost $5.Certified copies, marriage prior to 1964 and divorce, from countyof event. Death certificates dated 1917-1955 filed with Archivesand History Library, Capitol Complex, Charleston, WV 25305.Certified copies cost $5. Telephone: (304)558-2931. For allinquiries, enclose a stamped, self-addressed envelope. © 1997 Flying Solo™. All rights reserved. Legal Notices
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