West Virginia Divorce Laws

Grounds for Divorce in West Virginia

No-Fault Grounds

West Virginia recognizes no-fault divorce based on:

• Irreconcilable differences
• Living separate (1 year)

Fault-Based Grounds

West Virginia also allows divorce based on fault, including:

• Adultery
• Conviction of felony/infamous offense
• Desertion (6 months)
• Cruel treatment
• Habitual drunkenness/drug addiction
• Abuse of child

Residency Requirements

To file for divorce in West Virginia, you must meet the following residency requirements:

You must be able to prove residency at the time of filing. Proof typically includes driver's license, voter registration, utility bills, or other official documents showing your address.

Property Division

West Virginia follows the Equitable Distribution method for dividing marital property.

Under equitable distribution, the court divides marital property fairly, but not necessarily equally. The court considers various factors including:

• Length of the marriage
• Each spouse's income and earning potential
• Each spouse's contribution to marital property
• Age and health of each spouse
• Custody arrangements for children

Child Custody

West Virginia courts determine custody based on the Best interests of the child standard.

Courts consider multiple factors including:

• The child's relationship with each parent
• Each parent's ability to provide care
• The child's adjustment to home, school, and community
• Mental and physical health of all parties
• Any history of domestic violence
• The child's preferences (depending on age)

Alimony/Spousal Support

When determining alimony in West Virginia, courts typically consider:

• Length of marriage
• Living separate time
• Income and earning abilities
• Property distribution
• Age and health
• Work experience
• Parenting responsibilities
• Standard of living

Important Notes

Filing for Divorce in West Virginia

1. Meet Residency Requirements

   Ensure you meet West Virginia's residency requirement of 1 year (except where married and resided in state).

2. Gather Documents

   Collect financial records, property documents, and information about debts, assets, and children.

3. File Petition

   File a divorce petition with the appropriate court. Filing fees are typically $135-$175.

4. Serve Your Spouse

   Your spouse must be officially served with the divorce papers according to state law.

5. Waiting Period

   West Virginia has a waiting period of 20 days.

6. Negotiate or Litigate

   Work toward a settlement agreement or proceed to court if issues cannot be resolved.

7. Final Decree

   Once all issues are resolved, the court will issue a final divorce decree.

Official Resources

For official forms and additional information, visit the West Virginia court website: