West Virginia
State Divorce Resources
Grounds for Divorce: The court may grant a no-fault divorce upon finding (1) irreconcilable differences, or (2) that the parties have lived separate and apart in separate places of abode without any cohabitation and 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. The court may grant a fault divorce upon a finding of any of the following causes:
1. Cruel or inhuman treatment
2. Adultery
3. Conviction of a felony
4. Permanent and incurable insanity
5. Habitual drunkenness or drug addiction
6. Willful abandonment or desertion for six months
7. Abuse or neglect of a child
"No divorce for adultery shall be granted on the uncorroborated testimony of a prostitute, or a particeps criminis, or when it appears that the parties voluntarily cohabited after the knowledge of the adultery, or that it occurred more than three years before the institution of the action; nor shall a [fault] divorce be granted for any cause when it appears that the offense charged has been condoned, or was committed by the procurement or connivance of the plaintiff, or that the plaintiff has, within three years before the institution of action, been guilty of adultery not condoned." [West Virginia Code]
Residency Requirements: "(1) If the marriage was entered into within this state, an action for divorce is maintainable if one of the parties is an actual bona fide resident of this state at the time of commencement of the action, without regard to the length of time residency has continued; or (2) If the marriage was not entered into within this state, an action for divorce is maintainable if: (A) One of the parties was an actual bona fide resident of this state at the time the cause of action arose, or has become a resident since that time; and (B) The residency has continued uninterrupted through the one-year period immediately preceding the filing of the action.
An action for divorce cannot be maintained if the cause for divorce is adultery, whether the cause of action arose in or out of this state, unless one of the parties, at the commencement of the action, is a bona fide resident of this state. In such case, if the respondent is a nonresident of this state and cannot be personally served with process within this state, the action is not maintainable unless the petitioner has been an actual bona fide resident of this state for at least one year next preceding the commencement of the action." [West Virginia Code]
West Virginia Child Support Enforcement Service Links and Telephone Numbers
West Virginia Department of Health and Human Resources Bureau of Child Support Enforcement
Toll Free: 800–249–3778 (Automated Service)
West Virginia Child Support Guidelines and Calculator
West
Virginia Child Support Guidelines
West
Virginia Child Support Calculator
West Virginia Divorce Forms Online
West Virginia Supreme Court of Appeals Family Law Forms
West Virginia Divorce Laws
West
Virginia Code, Chapter 48
West Virginia Domestic Violence Resource Links and Telephone Numbers
West Virginia Coalition Against Domestic Violence
Telephone: 304–965–3552
West Virginia Free or Low Cost Legal Services
Programs
Legal Aid of West Virginia,
Inc.
Telephone: 800-642-8279
West Virginia Mediation Centers and Service Links and Telephone Numbers
Family Court Ordered Mediation in West Virginia
West Virginia State Bar Mediator List
West Virginia State and Local Bar Association Lawyer Referral Service Links
West Virginia State Bar
West Virginia State and Local Bar Association Lawyer Referral Service Telephone Numbers
Statewide: 304–558–7991 or Toll Free: 800–642–3617
To find resources in another state, click the State from the drop–down below:
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RELATED READING
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Divorce Without Court: A Guide to Mediation & Collaborative Divorce
The Divorce Mediation Handbook: Everything You Need to Know
Mediate, Don't Litigate: Strategies for Successful Mediation
Renegotiating Family Relationships: Divorce, Child Custody, and Mediation
Scared to Leave, Afraid to Stay: Paths from Family Violence to Safety
Surviving Domestic Violence: Voices of Women Who Broke Free

