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West Virginia Divorce Laws

Divorce Law Basics in the State of West Virginia

Also See: West Virginia Marriage Laws

Articles about 'Divorce / Separation'
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What is No Fault and At Fault Divorce?: Understanding the Difference
Defenses to Divorce: Affirmative Defenses to At-Fault Divorce Allegations
The Effects of Divorce on Children: How to Help Your Child Adjust to the Transition of Divorce
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Book Review: Should I Stay Or Go?: How Controlled Separation Can Save Your Marriage
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The Basics of Property Distribution: What Happens to Your Stuff When You Divorce?
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FAQ: What's the difference between divorce and annulment?: Frequently Asked Questions About Divorce and Annulment

Statute: West Virginia State Divorce Code (Chapter 48, Article 5): legis.state.wv.us

No-Fault Grounds:

  • Living separately without cohabitation for at least one year
  • Irreconcilable differences

At-Fault Grounds:

  • Reasonable apprehension of bodily harm
  • Adultery
  • False accusation of adultery or homosexuality
  • Condust or treatment which destroys the mental or physical well-being, happiness and welfare of the other
  • Felony conviction
  • Permanent and incurable insanity
  • Habitual drunkenness or drug use
  • Willful neglect or abuse

Residency:  Either party must be a resident of the state for at least 1 year prior to filing unless the marriage took place in West Virginia in which case the residency requirement would be waived.

Legal Separation Recognized? Yes. Alimony, property distribution and child support can be awarded.

Counseling Requirements: The court may order educational classes when a minor child is involved.

Property Distribution: West Virginia relies on "equitable distribution" so the court will distribute the marital property "in an equitable manner if the parties can't agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance)  is not included in property distribution. Fault is not considered.

Alimony: Alimony may be awarded to either party at the discretion of the court. Fault is considered.


  Tags : west virginia, divorce, divorce laws, alimony, property distribution, legal separation, at fault / no fault divorce, marriage
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