Divorce in West Virginia
West Virginia allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a West Virginia resident for one year. No-fault divorce is based on irreconcilable differences or one year of separation.
Quick Facts
Residency Requirement
1 year residency required
Waiting Period
1 year separation for no-fault (or irreconcilable differences)
Filing Fee
$150-$300
Property Division
equitable distribution
Grounds for Divorce
- •Irreconcilable differences
- •Living apart for 1 year
- •Adultery
- •Cruel treatment
Key Facts
- ★West Virginia offers both fault and no-fault divorce grounds
- ★At least one spouse must have been a West Virginia resident for 1 year
- ★Property is divided by equitable distribution
- ★No-fault divorce can be based on irreconcilable differences or 1 year of living apart
- ★West Virginia courts can award both temporary and permanent alimony
Child Custody
West Virginia courts determine custody based on the best interests of the child. The court considers the stability of each parent's home environment, each parent's ability to provide for the child, the child's relationship with each parent, and any history of domestic violence.
Alimony / Spousal Support
West Virginia courts may award alimony based on the financial needs of the requesting spouse, the other spouse's ability to pay, the length of the marriage, and the standard of living during the marriage. The court considers whether the requesting spouse can become self-supporting and the financial resources of each party.
Plan Your West Virginia Divorce
Get personalized guidance for your situation with DivorceIQ's AI assistant.
Download DivorceIQFAQs
Common questions about divorce in West Virginia
At least one spouse must have been a bona fide resident of West Virginia for at least one year before filing for divorce. If the grounds for divorce arose in West Virginia, the residency requirement may be met more easily.
Yes. You can file for divorce on the ground of irreconcilable differences without a separation period if both parties agree. Alternatively, fault-based grounds such as adultery or cruel treatment do not require a separation period.