West Virginia Divorce Law

Complete Overview of of the West Virginia Divorce Laws

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Important West Virginia Divorce Guidelines to File for a Divorce

West Virginia Residency Requirements For Divorce

When filing West Virginia divorce papers for at least one year. However, if the marriage was performed in state, and one party resides in the state, there is no waiting period following the initial filing for a divorce.

Grounds For Divorce In West Virginia

Georgia recognizes both fault and no-fault grounds for divorce.

Commonly stated grounds for a no-fault divorce in West Virginia are:

  • irreconcilable differences;
  • living separate and apart without cohabitation and without interruption for one year.

The fault grounds for divorce in Georgia include, but are not limited to:

  • adultery;
  • abandonment for a minimum time period of six months;
  • alcoholism / substance abuse;
  • cruel and inhuman treatment.
West Virginia Child Custody

In a contested case is it is commonly ruled on by the courts that the person who has been the predominate care-taker of the child will more than likely get custody of the child. In this area the courts shall not take into account the gender of either parent. The courts will generally approve an agreement between the two parents as long as it is determined that the agreement has the child’s best interests in mind.

West Virginia Child Support Guidelines

To calculate child support payments in West Virginia the courts shall take into account all child expenses while taking the total gross income for each parent. These guidelines are followed in almost every case. It is understood that child support will run until the child turns 18 years old by may be extended until the child finishes their secondary education.


West Virginia divorce forms are usually filed within the county in which the couple last cohabitated. If one of the parties, usually the defendant, is not a resident then divorce proceedings will be brought to a county designated by the plaintiff.


At any point during the divorce proceedings the couple may wish to enter into a period of mediation to try and resolve any disputed issues regarding custody or support. If the couple can resolve these issues they are able to proceed with the divorce in an uncontested manner.