What is an absolute divorce?

An absolute divorce is a legal action that ends a marriage. In West Virginia, an absolute divorce is granted if one or both of the parties involved in the marriage are able to prove that “irreconcilable differences” make it impossible to continue living together as a married couple. Other grounds for an absolute divorce in West Virginia include adultery, physical cruelty, gross neglect of duty, habitual drunkenness, and the involuntary confinement of either party in a mental hospital for at least three consecutive years. The absolute divorce process starts with one of the parties filing a complaint at the circuit court clerk’s office. This should be done in the county where the couple currently resides. The complaint should state the grounds on which the divorce is sought. That complaint will then be served on the other party, who has twenty days to respond. The parties may enter into an agreement as to parental rights, property, and other matters. This agreement must be submitted to the court for review. When the court has reviewed the complaint and the agreement, it will issue a decree of absolute divorce. This decree will state the legal termination of the marriage. Once the divorce decree is issued, the parties are no longer legally married, and the assets and debts will be divided according to the agreement. The divorce decree may also contain orders about custody of children, spousal support, and other important matters.

Related FAQs

Can I get an annulment?
How much is the average cost of a divorce?
What is a child custody evaluation?
What is a default divorce?
Can a divorce be overturned?
What is the difference between an uncontested and contested divorce?
How does a court determine child support payments?
What is a collaborative divorce?
What is division of marital property?
What is a constructive desertion?

What is an absolute divorce?

Related FAQs

Related Blog Posts