Divorce in West Virginia

Nicknamed the Mountain State, West Virginia is a beautiful place that needs you to acquaint yourself with divorce laws if your marriage has hit rock bottom.

To file for divorce in West Virginia, one of you must be a current resident of the state if you were married in West Virginia. If you were married outside West Virginia, one of you must be a bona fide resident of the state, and the residency must have continued for at least one year before the filing of the action.1

West Virginia is a no-fault divorce state but also allows fault grounds for divorce. To obtain a no-fault divorce in WV, you can allege that there are “irreconcilable differences”; or you can file based on the grounds of living separate and apart for at least one year.2 Fault-based grounds for divorce include cruel treatment, willingly had sex with another person, incurable insanity, habitual drunkenness, willful desertion for at least six months, abuse or neglect of a child, and conviction of a felony.2

West Virginia is an equitable distribution property state, and assets acquired during and before the marriage can be subject to division following divorce. West Virginia divorce laws attempt to divide marital property equitably and fairly. The judge will also consider factors such as economic misconduct, contributions to a partner’s education, and non-monetary contributions during the case.3

1W. Va. Code § 48-5-105

2W. Va. Code § 48–5–201-209

3W. Va. Code § 48-7-103