When one is at the preliminary stages of a West Virginia divorce and for whatever reason the other spouse is not cooperating on things for which need cooperation, then there has to be something done. For example, someone has filed a petition for divorce or the other person involved in the divorce action has not filed an answer to that petition or the other spouse may have filed their own divorce petition. Certain situations will call for both spouses to make sure things are clear in the divorce case going forward.
Some examples of things that need to be clear would be items that one needs to get out of the marital home, maybe one person is not being agreeable on times to exchange the children or maybe one person is not paying bills that the two spouses have agreed that they are going to be paying. Now, it is important to distinguish between an emergency situation and what they call a non-emergency situation. An emergency situation example would be there’s domestic violence in the home. An emergency situation would be that somebody’s life is going to be in danger. If it’s an emergency situation, there’s a pretty good chance one can file the appropriate motion with the court. When one files the appropriate motion with the court, often one can get a hearing fairly quickly.
The most important thing one can do is to document everything. An example could be where one spouse repeatedly is showing up late to the exchanges that the two of you may or may not have worked out. Those are situations where it’s very important to document. If one of the spouse’s texts the other and discusses the agreement they had, that’s going to be something that’s going to be really effective. It’s also something that can potentially be used in court going into the future.
The most important thing for one to do when the other person is not cooperating in some way is to be sure to document it. It could help one’s case going forward because they will have proof to rely on. This way, a clear record exists and shows that the other person is not doing something that they should have or agreed to.
