What are the grounds for divorce?

In West Virginia, there are two different types of grounds for divorce. The first type is called “no-fault” divorce, meaning that neither party is required to prove that the other party has done anything wrong. No-fault divorce is available if the couple has been living apart without interruption for at least one year. The second type of grounds for divorce is "fault" divorce. In this type of divorce, one party must prove that the other has done something wrong, such as adultery, desertion, substance abuse, or excessive cruelty. If a fault divorce is granted, the court may make decisions about child custody, child support, and division of assets that are more favorable to the divorcing party who was not at fault. In general, it is easier to get a no-fault divorce than it is to get a fault divorce. A no-fault divorce is quicker and less expensive than a fault divorce. However, if one party is looking to get a more favorable child custody or property settlement, it is important to consider a fault divorce, as the court may be more likely to grant a more favorable outcome to the party who was not at fault.

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What are the grounds for divorce?

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