Annulment of Marriage in West Virginia

Grounds and Procedure for Annulment of Marriage in WV

Annulments of Marriages in West Virginia

Most laws for an annulment of marriage in West Virginia are located in §48-3-10 of the state’s revised code. This article will reference the listed section as well as important procedures to take while filing for an annulment of marriage in West Virginia. If you are thinking about an annulment of marriage in West Virginia, you should talk within an attorney to help you with the process. Otherwise, you may not be able to obtain an annulment of marriage in WV.

Specific Laws about Annulments of Marriages in West Virginia

General provisions for annulments of marriages in West Virginia are located in §48-3-10 of the state’s revised code. Generally, an annulment of marriage in West Virginia may occur in the following situations:

• there is consanguinity or affinity between the parties as described in §48-2-302 of grounds for annulments of marriages in West Virginia, but an annulment of marriage in WV cannot occur because of relations associated with adoption

• either person was insane, infected with venereal disease, impotent, or convicted of a crime without the other party’s knowledge during solemnization, but if the party cohabitated with knowledge, the annulment of marriage in WV will not stand in court

• either party is under the age of 18 without consent from all guardians or parents and the court, but the court may not necessarily grant an annulment of marriage in West Virginia if a minor is pregnant

• a wife was with another person’s child without the husband’s knowledge, but the annulment of marriage in WV will not stand if the husband knew about the child and still cohabitated

• the wife was notoriously a prostitute or the husband was notoriously a licentious person

There may be other grounds for an annulment of marriage in WV, but a court will normally only grant an annulment in the situations listed above. For more information on annulments of marriages in West Virginia, visit the revised code under the state legislature.

Steps for Annulments of Marriages in West Virginia

An annulment of marriage in West Virginia requires the following steps:

1. Fill out court forms: you’ll have to fill out several different forms depending on the grounds of your annulment of marriage in West Virginia, and you’ll have to file a complaint with your local county court (or any local district court if marriage was performed out of state). You’ll have to contact your local circuit court in order to find information on what forms you’ll need to file a complaint for an annulment of marriage in West Virginia.

2. File the forms with the clerk: you will have to pay filing fees for every form you submit for annulments of marriages in West Virginia. You will have to fill out even more forms if you want to establish temporary orders for child support, spousal support, or other issues within annulments of marriages in West Virginia.

3. Serve the forms to the other party: you can have the court send the documents to the second party, you can mail the forms yourself, or you can have an outside party hand over the forms for an annulment of marriage in WV.

4. Set up a court hearing: an annulment of marriages in West Virginia must have supporting factors hold up in court, and you should hire a lawyer to help you prepare for the trial. If either party misrepresented their age, a court may not always grant an annulment of marriage in WV in some cases.