West Virginia divorce at a glance
Confirm with your county before filing — fees and rules can vary.
West Virginia divorce: the marriage-location rule
West Virginia ties its residency rule to where the wedding happened. If you married in the state, either spouse need only be a bona fide resident at filing — no minimum duration at all. If you married elsewhere, one spouse needs a year of continuous residency under W. Va. Code § 48-5-105. The same one-year rule applies for adultery grounds or when a nonresident respondent cannot be personally served, regardless of where the marriage occurred.
The no-fault ground is irreconcilable differences under § 48-5-201, which needs both spouses’ agreement and carries no waiting period — an agreed case can move quickly. The alternative, voluntary separation under § 48-5-202, requires a year of living separate and apart before filing. The Complaint for Divorce goes to the Circuit Court, and the self-help packet runs from Form SCA-FC-100, the petition, through SCA-FC-115, with the SCA-C&M201 financial affidavit used for fee waivers.
Property is divided equally by statute under § 48-7-101, with exceptions — one of the few states that starts from a 50/50 presumption. Spousal support follows § 48-6-301, and child support follows the West Virginia Child Support Guidelines. The filing fee is $135, plus about $25 per parent for the parenting education class when children are involved.