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Divorce in West Virginia

Before filing for divorce in West Virginia, you should hire a divorce attorney. You'll also want to familiarize yourself with the rules, requirements and process for getting divorced in the state.

Rules & Requirements to Divorce in West Virginia

West Virginia divorce law requires either you or your spouse to have lived in the state for at least one year prior to filing for divorce. However, this time requirement is waived if you were married in the state and one of you resides there when filing for divorce.

You may file for either a no-fault divorce or a fault-based divorce. In your complaint for divorce, you'll have to give a reason (also known as "grounds") for getting divorced. You may ask for a no-fault divorce based on "irreconcilable differences" or because you've lived apart for at least a year.

Acceptable reasons for a fault-based divorce include:

  • Adultery
  • Felony conviction
  • Cruelty
  • Alcoholism or a drug addiction
  • Abandonment

Talk to your divorce lawyer before deciding whether to file for a no-fault or fault-based divorce.

As part of your divorce proceedings, you and your spouse will have to reach agreement on a number of key issues including:

  • The division of your property and debts
  • Child custody and visitation
  • Child support
  • Alimony, also known as "spousal support"

Find & Hire a Local West Virginia Divorce Attorney

Getting a divorce is a complicated legal procedure, and one you shouldn't attempt on your own. Hiring local divorce attorneys will help ensure that the process goes smoothly and that you're treated fairly. If you need help locating a family law lawyer in your area, can help. Call us at 877-913-7222 or fill out the form on this page. Whether you live in Charleston, Huntington or elsewhere in West Virginia, our free service can quickly connect you with local lawyers.