Divorce in West Virginia: Laws, Requirements, and Process
A complete guide to getting a divorce in West Virginia. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 1 year in the state (or the marriage was performed in WV and one spouse has been a resident since).
- Waiting period: No mandatory waiting period for irreconcilable differences divorces (1 year of separation for the other no-fault ground).
- Filing fee: $135 - $200.
Grounds for Divorce
West Virginia allows no-fault divorce. The no-fault ground is: Irreconcilable differences or living separate and apart for 1 year.
Fault-Based Grounds
West Virginia also recognizes these fault-based grounds for divorce:
- Adultery
- Conviction of a felony
- Abandonment for 6 months
- Cruel and inhuman treatment
- Habitual drunkenness or drug addiction
- Abuse or neglect of a child
- Incurable insanity
Residency Requirements
1 year in the state (or the marriage was performed in WV and one spouse has been a resident since).
Property Division
West Virginia is an equitable distribution state. West Virginia follows equitable distribution. Courts divide marital property fairly based on the extent to which each party contributed to the acquisition of marital property, the extent to which each party has expended marital property for non-marital purposes, the economic circumstances of each party, and the tax consequences.
Alimony / Spousal Support
West Virginia courts may award alimony based on the length of the marriage, the age and health of the parties, the earnings and earning abilities of each party, the distribution of marital property, the standard of living during the marriage, and the educational level of each party.
Child Custody
West Virginia courts determine custody based on the best interest of the child. The state considers the stability of each household, the child's relationship with each parent, the ability of each parent to meet the child's needs, and any history of domestic violence.
Child Support
West Virginia uses the income shares model. Child support guidelines consider both parents' adjusted gross incomes, the number of children, health insurance costs, childcare expenses, and extraordinary expenses.
Filing Fee
The filing fee for divorce in West Virginia is $135 - $200. Fee waivers may be available for those who cannot afford to pay.
West Virginia court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in West Virginia?
West Virginia allows no-fault divorce based on irreconcilable differences or living separate and apart for 1 year. Fault-based grounds include adultery, felony conviction, abandonment, cruel treatment, habitual drunkenness, child abuse, and incurable insanity.
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How long do you have to live in West Virginia to file for divorce?
At least one spouse must have been a resident of West Virginia for at least 1 year before filing, or the couple must have been married in West Virginia with at least one spouse residing there since the marriage.
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How is property divided in a West Virginia divorce?
West Virginia uses equitable distribution. Courts divide marital property fairly based on each party's contributions, expenditures, the economic circumstances of each spouse, and tax consequences.
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How long does a divorce take in West Virginia?
For irreconcilable differences, there is no mandatory waiting period beyond the residency requirement. Uncontested divorces can be finalized in approximately 2 to 4 months. Contested cases or those requiring a 1-year separation may take longer.