Please note: local and state laws change constantly. This information is for educational purposes only. We do our best to keep this up-to-date, but please contact us to discuss your unique situation.
Getting Divorced in West Virginia
According to West Virginia Code, the following are grounds for divorce:
- Irreconcilable differences.
- Voluntary separation. This may be ordered when the parties have lived separate and apart without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties.
- Cruel or inhuman treatment. This includes, but is not limited to, the following:
- Reasonable apprehension of bodily harm;
- False accusation of adultery or homosexuality; or
- Conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness and welfare of the other and render continued cohabitation unsafe or unendurable.
- Adultery.
- Conviction of crime.
- Permanent and incurable insanity. The person must be deemed permanently and incurably insane and have been confined in a mental hospital or other similar institution for a period of not less than 3 consecutive years preceding the filing of the complaint.
- Habitual drunkenness or drug addiction.
- Desertion, when either party willfully abandons or deserts the other for 6 months.
- Abuse or neglect of a child.
Residency Requirements
One of the parties must be a resident of West Virginia at the time of commencement of the action.
Waiting Period
Unless noted in the grounds for divorce noted above, there is no waiting period for divorce in West Virginia.
West Virginia Divorce Laws and Marriage Laws
You can find a complete listing of the West Virginia divorce laws by searching under “Domestic Relations” and “divorce” here.
