Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In West Virginia, individuals contemplating the end of their marriage have several options to consider. Divorce is the formal legal process to dissolve a marriage, but couples may also explore marriage counseling as a way to address issues and potentially reconcile. Legal separation is another option, although West Virginia does not recognize legal separation in the same way some other states do. Instead, couples may enter into a 'separate maintenance' agreement, which is similar to legal separation and addresses issues such as spousal support and property division while the couple lives apart. Annulment is a legal procedure that declares a marriage null and void from the beginning, but it is only available under specific, limited circumstances, such as fraud, bigamy, or incapacity. Each of these alternatives has different financial and legal consequences, and it is important for individuals to understand these implications. Consulting with an attorney can help clarify these options and their consequences in the context of West Virginia law.