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 one year of residency when the couple married outside West Virginia; if they married in the state, one spouse only needs to live there when filing. No-fault divorce is based on irreconcilable differences or one year of separation.
Quick Facts
Residency Requirement
1 year (none if married in WV)
Waiting Period
1 year separation for no-fault (or irreconcilable differences)
Filing Fee (approximate, varies by county)
$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
- If you married outside West Virginia, one spouse must have lived there for the year before filing; if you married there, residency at filing is enough
- 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.
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FAQs
Common questions about divorce in West Virginia
If you married in West Virginia, one spouse only needs to be a resident when the case is filed. If you married elsewhere, one spouse must have lived in West Virginia for the year before filing. Divorces based on adultery have their own residency rule.
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.