Are there any defenses to a divorce action?

In West Virginia, there are a few defenses to a divorce action. Although very limited, they can be used to challenge a divorce if the spouse wishes to stay in the marriage. The primary defense to a divorce action in West Virginia is the lack of proper jurisdictional grounds. In other words, the defendant must provide proof that the West Virginia court does not have the proper authority to hear the case. The other defense is if the divorce action was based on a false statement made by one of the parties to the divorce. In this case, the defendant can prove the false statement through evidence that the statement was untrue and that it was used as a basis for the divorce. In addition, another defense to a divorce action in West Virginia is when the defendant is able to prove the parties have reconciled. This means that the couple has made efforts to restore their relationship and revive the marriage. Reconciliation must be proven through evidence such as communication between the parties, shared living arrangements, and shared financial duties. Lastly, if the defendant can prove that the plaintiff was not adequately served with the correct divorce papers, then the defendant may use this as a defense to the divorce action. This can be demonstrated by proof of service or evidence that the plaintiff was not aware of the suit.

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Are there any defenses to a divorce action?

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