West Virginia Online Divorce
How to File Your Own Divorce in West Virginia
Outlined below is some background information you should know about filing for a divorce in West Virginia. Once you become acquainted with this information, you can take our quiz to see if you qualify for the West Virginia online divorce.

Using our online divorce is a quick and easy way to get all the completed documents you need in order to file for your own, uncontested divorce, while avoiding having to pay exorbitant attorney fees.

Residency Requirements

Every state has a set of residency requirements that must be met by the filing spouse in order for the court to have jurisdiction over the divorce proceedings. If you don't meet the residency requirements of the state you're trying to file in, the case may get dismissed by the court. The residency requirements in West Virginia are as follows:

  • In an action for divorce at least one of the spouses must have been a resident of the state for at least 1 year
  • If the marriage took place in West Virginia, the 1 year residency requirement is waived
  • If the respondent in an action for divorce is a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the respondent resides
  • If the respondent in an action for divorce is not a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the petitioner resides

  • (West Virginia Code - Sections: 48-5-201)

Grounds for Divorce

There are also grounds each state will allow you to file under when filing for a divorce. The ground for divorce is the reason that you and your spouse are filing for a divorce. The following are the grounds for divorce in West Virginia:

  • No Fault:
    • Living separate and apart in separate places without any cohabitation and without interruption for one year
    • Irreconcilable differences between the two parties
  • Fault:
    • Reasonable apprehension of bodily harm
    • False accusation of adultery or homosexuality
    • 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
    • Felony Conviction
    • Permanent and Incurable Insanity
    • Habitual drunkenness or drug use
    • Willful neglect or abuse of spouse or child

    (West Virginia Code - Sections: 48-5-202 and 48-5-209)

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