Residency Requirements:
In order to file for divorce in West Virginia, there is no
time-limit residency requirement if the marriage was performed in
West Virginia and one spouse is a resident when filing. Otherwise,
one spouse must have been a resident for at least 1 year.
[West Virginia Code; Sections 48-5-103, 48-5-105, and 48-5-106].
Legal Separation:
The grounds for legal separation are the same as for divorce.
One of the spouses must have been a resident of West Virginia for
at least 1 year prior to filing for legal separation.
[West Virginia Code; Section 48-5-501].
General Divorce Procedure:
A divorce will be granted if one spouse files a verified complaint
for divorce on the ground of irreconcilable differences, and the
other spouse files a verified answer, admitting the irreconcilable
differences. The clerk of the court will have official answer forms
available free of charge. No witnesses will be necessary for any
proof for a divorce on the ground of irreconcilable differences.
In other cases, the witnesses will be required. The court may
approve or reject a marital settlement agreement of the spouses.
[West Virginia Code; Sections 48-5-402, 48-5-403, 48-6-201,
48-7-201, and 48-7-203 and West Virginia Rules of Civil Procedure;
Rule 80].
Mediation or Counseling:
TIf the divorce involves a minor child, the court will order the
parents to attend a parent education class to educate parents about
the effects of divorce and custody disputes on children and teach
parents methods to help children minimize their trauma.
[West Virginia Code; Section 48-9-104].
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Grounds for West Virginia Divorce:
No-fault:
No-fault grounds for a West Virginia divorce are simply
irreconcilable differences; and living separate and apart without
cohabitation for1 year. [West Virginia Code; Section 48-5-201].
Fault-based:
Fault-based grounds include:
1) Adultery;
2) Abandonment for 6 months;
3) Alcoholism of drug addiction;
4) Physical abuse or reasonable fear
of physical abuse;
5) Cruel and inhuman treatment;
6) Willful neglect;
7) Habitual drunkenness;
8) Conviction of a felony;
9) Confinement for incurable insanity
for 3 years.
[West Virginia Code; Sections 48-5-202 to 48-5-209].
Where to file for divorce:
File in the county where spouses last resided together, or the
county of defendant if defendant is a resident, or the county where
the plaintiff lives if the defendant is a non-resident.
[West Virginia Code; Sections 48-5-103, 48-5-105, and 48-5-106].
Title of Divorce action:
Complaint for Divorce.
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