West Virginia Divorce Laws, Child Support, and Attorneys

West Virginia Divorce Issues & Resources

West Virginia Divorce

West Virginia Divorce Residency Requirements

To file for a West Virginia divorce, one of the spouses must have been a resident of the state for one year immediately prior to the filing of the complaint. If the marriage was performed in West Virginia and one spouse is a resident at the time of filing, there is no residency requirement.

West Virginia Divorce Filing Requirements

A West Virginia divorce action should be filed for in: 

  • county in which the spouses last lived together; or 

  • the county where the defendant lives if a resident; or (3) the county where the plaintiff lives, if the defendant is a non-resident. [West Virginia Code; Sections 48-2-5 to 48-2-8].

West Virginia Divorce Grounds

The grounds for a West Virginia divorce are:

  • irreconcilable differences have arisen between the spouses;

  • living separate and apart without cohabitation and without interruption for 1 year;

  • adultery;

  • abandonment for 6 months;

  • alcoholism and/or drug addiction;

  • confinement for incurable insanity for 3 years;

  • physical abuse or reasonable apprehension of physical abuse of a spouse or of a child;

  • conviction of a felony;

  • cruel and inhuman treatment, including false accusations of adultery or homosexuality;

  • willful neglect of a spouse or a child; and

  • habitual intemperance (drunkenness).

Expedited West Virginia Divorce Procedure

 If the grounds for West Virginia divorce are "irreconcilable differences", the other spouse may file a verified "answer" admitting the "irreconcilable differences" and a divorce will be granted.

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