依據 §48-5-202(a). Grounds for divorce; voluntary separation 的要求, 你們的分居必須是以你們正式"分開"居住之日開始,一年之後法院可以開始
始最終的離婚程序
§48-5-202(a
(a) A divorce may be ordered when the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties
2／ 現在對方口頭提出離婚，朋友勸我最好不要離開本州，以免被對方起訴first walk out of the marriage，並且有可能在我離開期
間男方更換門鎖或私自處理家裡的財產，這種事情發生了該怎末辦？
相關規定如下
Use and occupancy of the marital home.
(a) The court may grant the exclusive use and occupancy of the marital home to
one of the parties during the pendency of the action, together with all or a
portion of the household goods, furniture and furnishings, reasonably necessary
for such use and occupancy.
may require payments to third parties in the form of home loan installments,
land contract payments, rent, payments for utility services, property taxes and
insurance coverage. If these third party payments are ordered, the court may
specify whether such payments or portions of payments are temporary spousal
support, temporary child support, a partial distribution of marital property or
an allocation of marital debt.
court does not set forth in the temporary order that all or a portion of
payments made to third parties pursuant to this section are to be deemed
temporary child support, then all the payments made pursuant to this section
are deemed to be temporary spousal support. The court may order third party
payments to be made without denominating them as either temporary spousal
support or temporary child support, reserving such decision until the court
determines the interests of the parties in marital property and equitably
divides the same. At the time the court determines the interests of the parties
in marital property and equitably divides the same, the court may consider the
extent to which payments made to third parties under the provisions of this
subdivision have affected the rights of the parties in marital property and may
treat these payments as a partial distribution of marital property
notwithstanding the fact that these payments were denominated temporary spousal
support or temporary child support or not so denominated under the provisions
of this section.
payments are not designated in an order and the parties have waived any right
to receive spousal support, the court may designate the payments upon motion by
any party.
contained in this section shall abrogate an existing contract between either of
the parties and a third party, or affect the rights and liabilities of either
party or a third party under the terms of a contract.
然而, §48-5-508.Preservation of the properties of the parties. 可能保障您的權益
pleadings include a specific request for specific property or raise issues
concerning the equitable division of marital property, the court may enter an
order that is reasonably necessary to preserve the estate of either or both of
the parties.
may impose a constructive trust, so that the property is forthcoming to meet
any order that is made in the action, and may compel either party to give
security to comply with the order, or may require the property in question to
be delivered into the temporary custody of a third party.
3／ 如果我們之間的談話被對方錄音，是否將來有法律效利？
W. Va. Code § 62-1D-3: Recording a wire, oral or electronic communication, or disclosing its contents, is not a violation of West Virginia law when the person recording is a party to the communication or has obtained consent from one of the parties, as long as the recording is not accompanied by a criminal or tortious intent.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," W. Va. Code § 62-1D-2. In West Virginia Dept. of Health and Human Resources v. Wright, the West Virginia Supreme Court held that a woman whose children's screams could be heard by neighbors nevertheless had a reasonable expectation of privacy in her home, for purposes of the wiretapping law. 453 S.E.2d 646 (1994).
Recording any such communication, or disclosing its contents with knowledge of the illegal interception, is a felony punishable by imprisonment for not more than five years and a fine of not more than $10,000. An individual whose communications have been unlawfully intercepted can recover civil damages in the amount of actual damages, but not less than $100 per day of violation, along with punitive damages, attorney fees and litigation costs. W. Va. Code § 62-1D-12.
資料來源
http://answers.yahoo.com/question/index?qid=20080407081330AA2PtQP
4／ 如果對方決定搬出去住，房貸及所有能源費用是否由我個人承擔？
§48-5-506.
(c) The court
may order either or both of the parties to pay the costs and expenses of
maintaining and preserving the property of the parties during the pendency of
the action. At the time the court determines the interests of the parties in marital
property and equitably divides the same, the court may consider the extent to
which payments made for the maintenance and preservation of property under the
provisions of this section have affected the rights of the parties in marital
property and may treat such payments as a partial distribution of marital
property. The court may release all or any part of such protected property for
sale and substitute all or a portion of the proceeds of the sale for such
property.
5／ 如果我搬出去住是否證明我放棄房產？他是否有權利拒絕我回去取東西或居住？
Court may restore to either party his or her property.
Upon ordering a divorce, the court has the power to award to either of the
parties whatever of his or her property, real or personal, may be in the
possession, or under the control, or in the name, of the other, and to compel a
transfer or conveyance.
of property.
(a) When the pleadings include a specific request for specific property or
raise issues concerning the equitable division of marital property, the court
shall order such relief as may be required to effect a just and equitable
distribution of the property and to protect the equitable interests of the
parties therein.
(b) In addition to the disclosure requirements
set forth in part 7-201, et seq., of this chapter, the court may order accounts
to be taken as to all or any part of marital property or the separate estates
of the parties and may direct that the accounts be taken as of the date of the
marriage, the date upon which the parties separated or any other time in
assisting the court in the determination and equitable division of property
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