Legal Separation and Annulment in West Virginia
Whether West Virginia offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Yes, through an action for separate maintenance, filed in the family court of any county where a divorce could be filed, whether or not a divorce is also requested. W. Va. Code §§ 48-4-101, 48-4-102
| Legal separation | Yes, through an action for separate maintenance, filed in the family court of any county where a divorce could be filed, whether or not a divorce is also requested. Separate maintenance may be ordered if the requesting spouse has grounds for divorce, or if the other spouse, without good cause, has failed to provide suitable support or has abandoned or deserted the requesting spouse. |
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| Annulment | A marriage is voidable, and can be annulled by court order, when: a spouse was still married to someone else; the spouses are too closely related by blood or marriage; at the time of the marriage a party was mentally incompetent, had a sexually transmitted disease, was incurably impotent, was under the age of consent, or had a prior conviction for a crime punishable by more than one year in prison unknown to the other; or the wife was pregnant by another man without the husband's knowledge. A marriage is presumed valid unless clearly proved otherwise. |
Where to get help in West Virginia
More West Virginia divorce & family law
- Getting a Marriage License in West Virginia
- Adopting a Child in West Virginia
- Guardianship of a Child or Adult in West Virginia
- Establishing Paternity in West Virginia
- Changing Your Name in West Virginia
- Child Custody Laws in West Virginia
- How Child Support Is Calculated in West Virginia
- Divorce Records in West Virginia
- Alimony and Spousal Support in West Virginia
- How to File for Divorce in West Virginia
- All West Virginia divorce & family law rules
FAQ
Can you get a legal separation in West Virginia?
Yes, through an action for separate maintenance, filed in the family court of any county where a divorce could be filed, whether or not a divorce is also requested. Separate maintenance may be ordered if the requesting spouse has grounds for divorce, or if the other spouse, without good cause, has failed to provide suitable support or has abandoned or deserted the requesting spouse.
What are the grounds for annulment in West Virginia?
A marriage is voidable, and can be annulled by court order, when: a spouse was still married to someone else; the spouses are too closely related by blood or marriage; at the time of the marriage a party was mentally incompetent, had a sexually transmitted disease, was incurably impotent, was under the age of consent, or had a prior conviction for a crime punishable by more than one year in prison unknown to the other; or the wife was pregnant by another man without the husband's knowledge. A marriage is presumed valid unless clearly proved otherwise.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.