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Can you date while separated in WV?

No. As long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof. Divorce paperwork is filed in the Circuit Clerk's office in the county courthouse.

Is WV a common law property state?

West Virginia does not have a provision in State law regarding common-law marriage. Any individual that establishes this type of relationship in a state that recognizes common-law marriages is considered married for the Department purposes.

What is considered adultery in WV?

Adultery is the voluntary sexual intercourse of a married man or woman with a person other than the offender's wife or husband. The burden is on the party seeking the divorce to prove the alleged adultery by clear and convincing evidence.

What is considered marital property 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.

What are the grounds for divorce in West Virginia?

The Basics of Fault Divorce in West Virginia cruel or inhuman treatment by either party against the other. adultery committed by either party. conviction of a felony (W.Va. ... the permanent and incurable insanity of one spouse (W.Va. ... habitual drunkenness or drug addiction (W.Va. ... desertion for more than six months (W.Va.

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