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Ask a Divorce Attorney in Martinsburg, WV About Residency and Filing Requirements


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In order to file for a divorce in West Virginia, a filer’s residency requirements must first be met for the count to review or accept the case. If a court discovers that it does not have jurisdictional rights to listen to a case, it will not be accepted or it will ultimately be dismissed.

Residency Requirements

So, in an action for divorce in West Virginia, the following rules apply:

•If a respondent in a divorce action is a resident in the state, the petitioner may bring the action in the county where both parties last resided, or the county where the respondent currently resides.

•If a respondent is not a resident of West Virginia, a divorce attorney in Martinsburg, WV has the option to bring the divorce action in the county where the parties last lived or in the county where the petitioner now resides.

Grounds for Divorce

When you work with a divorce attorney, they must declare the appropriate grounds for which the divorce is being sought. The proper lawful grounds may be as follows:

•A no-fault divorce where the parties lived separately or apart in separate places in a residence without any cohabitation and without interruption for one year. The separation may happen as the result of a voluntary act of one of the parties or through mutual consent of both parties. The divorce may also be ordered, with the help of a divorce attorney, because of irreconcilable differences.

•A divorce where fault is found to be the reason for the break-up. This may include a reasonable apprehension of bodily harm, adultery, a felony conviction, habitual drug use or drunkenness, or insanity. Divorces of this type are also filed for reasons of neglect or abuse.

Who to Contact for Further Details

In order to ensure that your legal rights are met in a divorce case, obtain further details on sites such as BottnerSkillman.com. By contacting legal counsel, you can make filing for divorce more streamlined and less difficult.

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