Going through a divorce can be a stressful and emotional time, especially when dealing with a spouse who is ill or undergoing medical treatment. Many people wonder if they can still proceed with a divorce if their spouse is in the hospital in West Virginia. The answer is yes, but there are some important concerns to consider.
Understanding West Virginia Divorce Law
Before getting into the specifics of divorce proceedings while a spouse is hospitalized, it’s important to understand the basics of West Virginia divorce law. West Virginia is considered a “no-fault” state, meaning that couples can initiate a divorce without having to prove fault or wrongdoing on either side. Instead, the reason for the divorce can simply be listed as “irreconcilable differences.”
In West Virginia, couples must be legally separated for at least one year before they can get a divorce. This means they must live apart and not have any sexual relations during that time. However, there are exceptions to this rule, which we will discuss later in this article.
Grounds for Divorce in West Virginia
Aside from irreconcilable differences, there are several other grounds for divorce in West Virginia. These include:
- Adultery
- Desertion
- Habitual drunkenness or drug use
- Cruel or inhuman treatment, such as physical or emotional abuse
- Willful neglect or failure to provide for a spouse
- Incurable insanity
If one spouse is hospitalized, it is unlikely that any of these grounds for divorce would specifically apply to their condition. However, if the illness or injury has caused significant strain on the marriage, irreconcilable differences could still be cited as a reason for divorce.
Hospitalization and Separation
As mentioned earlier, West Virginia requires a period of legal separation before a divorce is granted. If one spouse is in the hospital, it may be possible to still satisfy this requirement.
The important thing to remember is that legal separation does not necessarily require physical separation. Even if one spouse is hospitalized, they may still be considered separated if the couple does not live together and maintains separate households. If a couple has been living apart for at least one year, but the hospitalization took place during that time, it is possible to still proceed with a divorce once the required period is up.
Exceptions to the One-Year Separation Rule
There are a few exceptions to the one-year separation rule in West Virginia. If one spouse can prove fault or wrongdoing on the part of the other, the separation period may be reduced to six months. Additionally, if both parties agree to the divorce, they may be able to waive the separation period altogether.
In the case of a hospitalized spouse, it may be difficult to prove fault or wrongdoing, but it is still possible. For example, if the illness or injury was directly caused by the actions of the other spouse, fault could potentially be attributed. However, each situation is unique and will depend on the specific circumstances.
Proceeding with a Divorce While a Spouse is Hospitalized
If one spouse is hospitalized but wishes to proceed with a divorce, they can still do so. The process will likely involve working with an experienced West Virginia divorce attorney to navigate any unique challenges or considerations. Additionally, the hospitalization may affect the timeline of the divorce proceedings, as court hearings or legal paperwork may need to be postponed or rescheduled.
It’s also important to ensure that the hospitalized spouse is fully aware of what is happening and has access to necessary legal services. In some cases, a spouse may be deemed mentally incompetent due to their medical condition. In these situations, additional legal steps may need to be taken to establish guardianship or conservatorship.
Conclusion
Divorcing a spouse who is in the hospital can be a complex and emotional process. However, it is still possible to proceed with a divorce while ensuring that the hospitalized spouse’s rights and well-being are protected. If you are facing this situation, it is important to work with an experienced West Virginia divorce attorney who can guide you through the process.