{"id":377225,"date":"2016-03-31T21:37:16","date_gmt":"2016-04-01T02:37:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-legal-requirements-for-divorce.html"},"modified":"2025-05-19T15:46:09","modified_gmt":"2025-05-19T20:46:09","slug":"west-virginia-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-legal-requirements-for-divorce.html","title":{"rendered":"West Virginia Divorce Laws"},"content":{"rendered":"\n
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West Virginia Divorce Laws <\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

State laws regulate divorce and the divorce process. State divorce laws<\/a> determine the grounds for divorce, eligibility for divorce, and child custody rules. Some states have waiting periods and residency requirements. These laws dictate whether you must wait a specific period before filing for divorce. They also dictate where legal separation is necessary before filing for divorce.<\/p>\r\n

Here, we’ll discuss West Virginia’s divorce laws<\/a>. We’ll also briefly explain the divorce process in West Virginia. If you’re considering divorce, you should get to know these laws. It will make navigating your divorce easier, including resolving legal issues with your soon-to-be ex-spouse.<\/p>\r\n

West Virginia Divorce Laws<\/b><\/h2>\r\n

A divorce case in West Virginia will take place in the family court<\/a> or circuit court. To help you understand the divorce laws in West Virginia, we offer a summary of legal information in the following table, then a more detailed discussion of the key elements of the divorce process.<\/p>\r\n\r\n
Relevant West Virginia divorce laws<\/th>\r\n

West Virginia Code<\/b><\/p>\r\n

Chapter 48<\/a>: Domestic Relations<\/p>\r\n

Residency requirements<\/th>\r\n

If the parties got married in West Virginia, one party must be a state resident upon filing. There is no set period of time for residency before filing.<\/p>\r\n

If the parties married in another state, one party must be a state resident for at least one year before filing.<\/p>\r\n

If the cause is adultery, one party must be a resident at the time of the action. If the responding party lives out of state and service can’t be made within the state, the petitioner must be a state resident for one year before the start of the action.<\/p>\r\n<\/td>\r\n<\/tr>

Waiting period<\/th>\r\n

No mandatory waiting period. But there may be waiting periods built into certain grounds for divorce.<\/p>\r\n<\/td>\r\n<\/tr>

No-fault grounds for divorce<\/th>\r\n
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  • Irreconcilable differences<\/li>\r\n
  • Voluntary separation (at least one year without cohabitation)<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Fault-based grounds for divorce<\/th>\r\n
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  • Cruel and inhuman treatment<\/li>\r\n
  • Adultery<\/li>\r\n
  • Conviction of a felony crime after the marriage<\/li>\r\n
  • Insanity (confined for three years before the complaint)<\/li>\r\n
  • Habitual drunkenness\/drug addiction<\/li>\r\n
  • Desertion (abandonment for at least six months)<\/li>\r\n
  • Abuse or neglect of a child<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Defenses to a fault-based divorce filing<\/th>\r\n