What is a no-fault divorce?

A no-fault divorce is a type of divorce that does not require either party to prove the other spouse did something wrong, such as adultery or abuse. In West Virginia, a no-fault divorce can be granted if the court finds that the marriage has irretrievably broken down with no chance of reconciliation. In other words, the court finds that the marriage is beyond repair, and no one is at fault for the failed marriage. To obtain a no-fault divorce, one spouse must provide paperwork to the court stating the marriage is broken and cannot be fixed. The other spouse must either agree and sign the documents or file a motion of response with the court. If the couple agrees to the divorce, the papers can be filed with the circuit court and the case can move forward. However, if the other spouse disagrees, a hearing is held in court to determine if the marriage is irretrievably broken. The most common reason for a no-fault divorce in West Virginia is irreconcilable differences. This means that the couple has fundamental and long-term problems in the marriage that cannot be solved. Although the other spouse will not be found guilty of wrong-doing, they will still need to determine division of assets, child support, and other matters related to the divorce.

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What is a no-fault divorce?

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