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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