West Virginia Divorce

Once your order has been received it will be forwarded to the West Virginia paralegal who will be assigned to your case for the duration of the process. Your assigned paralegal will answer any questions that you have and process your documents.

Our West Virginia Paralegals are specifically trained in West Virginia divorce procedures and will assist you in getting the fastest, easiest, and most affordable divorce available.

We include all forms needed for an West Virginia divorce.

RESIDENCY REQUIREMENTS AND WHERE TO FILE: One of the spouses must have been a resident of West Virginia for at least 1 year immediately prior to filing. However, if the marriage was performed in West Virginia and one spouse is a resident when filing, there is no durational time limit. The divorce should be filed for in: (1) county in which the spouses last lived together; or (2) the county where the defendant lives if a resident; or (3) the county where the plaintiff lives, if the defendant is a non-resident. [West Virginia Code; Sections 48-2-5 to 48-2-8].

LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) irreconcilable differences have arisen between the spouses; or (2) living separate and apart without cohabitation and without interruption for 1 year. [West Virginia Code; Section 48-2-4]. General: (1) adultery; (2) abandonment for 6 months; (3) alcoholism and/or drug addiction; (4) confinement for incurable insanity for 3 years; (5) physical abuse or reasonable apprehension of physical abuse of a spouse or of a child; (6) conviction of a felony; (7) cruel and inhuman treatment, including false accusations of adultery or homosexuality; (8) willful neglect of a spouse or a child; and (9) habitual intemperance (drunkenness). [West Virginia Code; Section 48-2-4].

LEGAL SEPARATION: The grounds for legal separation (separate maintenance) are the same as for divorce. One of the spouses must have been a resident of West Virginia for at least 1 year prior to filing for legal separation. [West Virginia Code; Sections 48-2-7 and 48-2-8].

SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES: If one spouse files a verified complaint for divorce on the grounds of "irreconcilable differences", the other spouse may file a verified "answer" admitting the "irreconcilable differences" and a divorce will be granted. Circuit clerks are required to have supplies of an official "answer" form on hand, free of charge. No witnesses will be necessary for any proof for a divorce on the grounds of "irreconcilable differences". In other cases, witnesses will be required. The court may approve or reject a marital settlement agreement of the spouses. Standard financial disclosure forms may be required to be filed. [West Virginia Code; Sections 48-2-4, 48-2-16, and 48-2-33; and West Virginia Rules of Civil Procedure-Rule 80].

MEDIATION OR COUNSELING REQUIREMENTS: There are no legal provisions in West Virginia for divorce mediation or counseling.

PROPERTY DISTRIBUTION: West Virginia is an "equitable distribution" state. Marital property is to be divided equally and without regard to any marital misconduct. However, this equal division may be altered based on a consideration of the following factors: (1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker and in child-care; (2) the value of each spouse's separate property; (3) the amount and sources of income of the spouses; (4) the conduct of the spouses during the marriage only as it relates to the disposition of their property; (5) the value of the labor performed in a family business or in the actual maintenance or improvement of tangible marital property; (6) the contribution of one spouse toward the education or training of the other which has increased the income-earning ability of the other spouse; (7) the foregoing by either spouse of employment or other income-earning activity through an understanding of the spouses or at the insistence of the other spouse; and (8) any other factor necessary to do equity and justice between the spouses. [West Virginia Code; Sections 48-2-21 and 48-2-32].

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be ordered to provide the other spouse with alimony. The factors to be considered are: (1) whether the spouse seeking alimony is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment; (2) the time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity; (3) the duration of the marriage; (4) the comparative financial resources of the spouses, including their comparative earning abilities in the labor market; (5) the amount of time the spouses actually lived together as wife and husband; (6) the tax consequences to each spouse; (7) the age of the spouses; (8) the physical and emotional conditions of the spouses; (9) the vocational skills and employability of the spouse seeking alimony; (10) any custodial and child support responsibilities; (11) the educational level of each spouse at the time of the marriage and at the time the action for divorce is commenced; (12) the cost of education of minor children and of health care for each spouse and the minor children; (13) the distribution of marital property; (14) any legal obligations of the spouses to support themselves or others; (15) the present employment or other income of each spouse; and (16) any other factor the court deems just and equitable. The marital misconduct of the spouses will be considered and compared. Alimony will not be awarded to any spouse who: (1) was adulterous; (2) has been convicted of a felony during the marriage; or (3) deserted or abandoned his or her spouse for 6 months. The court may require health and/or hospitalization insurance coverage as alimony. [West Virginia Code; Sections 48-2-13, 48-2-15, and 48-2-16; and West Virginia Case Law].

CHILD SUPPORT: Either parent may be required to provide periodic child support payments, including health insurance coverage. The factors for consideration specified in the statute are: (1) whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment; (2) the time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity; (3) the duration of the marriage and the actual period of cohabitation as husband and wife; (4) the comparative financial resources of the spouses, including their comparative earning abilities in the labor market; (5) the needs and obligations of each spouse; (6) the tax consequences to each spouse; (7) the age of the spouses; (8) the physical and emotional conditions of the spouses; (9) the vocational skills and employability of the spouse seeking support and maintenance; (10) any custodial responsibilities; (11) the educational level of each spouse at the time of the marriage and at the time the action for divorce is commenced; (12) the cost of education of minor children and of health care for each spouse and the minor children; (13) the distribution of marital property; (14) any legal obligations of the spouses to support themselves or others; and (15) any other factor the court deems just and equitable. One of the parents may also be granted exclusive use of the family home, and all of the goods and furniture necessary to help in the rearing of the children. The court may require health and hospitalization insurance coverage as child support. Provisions for income withholding shall be included in every divorce decree to guarantee the support payments. Child support guidelines are available from the West Virginia Child Advocate Office. These guidelines are presumed to be correct, unless it is shown that the amount is unjust or inappropriate under the particular circumstances of a case. [West Virginia Code; Sections 48-2-13, 48-2-15, 48-2-15a and 48-2-16].

PREMARITAL AGREEMENT: West Virginia allows the husband and wife to make contracts with each other and to be held liable for these contracts. The contract must be in writing and signed by the parties to be enforceable. [West Virginia Code; Sections 48-3-8 and 48-3-9].

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