Marriage is a legal and social contract between two individuals that comes with several rights and responsibilities. However, when a marriage no longer works, individuals have the legal right to get a divorce. But what happens when a marriage is between two persons of the same sex? In this article, we will discuss if getting a divorce is possible for same-sex couples in West Virginia.
Same-Sex Marriage in West Virginia
West Virginia made history on October 9, 2014, by legalizing same-sex marriage. This landmark decision was a significant step forward in recognizing the rights and equality of same-sex couples. With the legalization, same-sex couples in West Virginia now have the same legal rights and responsibilities as heterosexual couples, including the right to get married and, if necessary, the right to get a divorce.
Grounds for Divorce in West Virginia
To obtain a divorce in West Virginia, the individual seeking the divorce must have valid grounds or reasons recognized by the state. West Virginia acknowledges both fault-based and no-fault divorce.
Fault-Based Divorce
In a fault-based divorce, one spouse must prove that the other spouse engaged in behavior that led to the breakdown of the marriage. Some examples of fault-based grounds for divorce in West Virginia include adultery, cruelty, abuse, desertion, felony conviction, drug or alcohol addiction, and insanity.
No-Fault Divorce
In a no-fault divorce, the spouse filing for divorce does not have to prove the fault of the other spouse. Instead, the spouse must demonstrate that the marriage is irretrievably broken with no chance of reconciliation. This approach allows couples to end their marriage without assigning blame, focusing on the fact that the relationship is no longer sustainable.
Getting a Divorce in West Virginia
Same-sex couples in West Virginia can seek a divorce in the same way as any other couple. They must file a petition for divorce with the circuit court in the county where either spouse resides. It is essential to clearly state the grounds for divorce and provide supporting evidence to support the claim. If the divorce is uncontested, meaning both parties agree to the terms of the divorce, the couple can complete the divorce process in as little as 20 days.
Property Division and Spousal Support
Like in any divorce, same-sex couples in West Virginia will have to address property division and spousal support. Marital property includes any property acquired during the marriage, and West Virginia operates under the principle of equitable distribution. This means that marital property is divided fairly, taking into consideration various factors, but not necessarily equally. Factors considered in property division include the length of the marriage, the income and earning capacity of each spouse, and their respective financial needs.
Spousal support or alimony is determined based on similar considerations. West Virginia courts evaluate factors such as the length of the marriage, the financial resources of each spouse, their contributions to the marriage, and their ability to support themselves independently. The goal is to ensure that both parties can maintain a standard of living similar to what they had during the marriage, to the extent that it is feasible.
Conclusion
In conclusion, same-sex couples in West Virginia enjoy the same legal rights and responsibilities as heterosexual couples when it comes to divorce. They must adhere to the same procedural requirements and meet the same standards to obtain a divorce. The state recognizes both fault-based and no-fault divorce, providing couples with options based on their specific circumstances. In the event of a divorce, same-sex couples, like any other couple, will need to address property division and spousal support. By following the established guidelines and seeking legal assistance when needed, same-sex couples can navigate the divorce process while ensuring their rights are protected.