Divorce in West Virginia
State-specific overview · Family Law
West Virginia offers both fault and no-fault divorce, with a one-year separation period for uncontested no-fault cases.
How West Virginia treats Divorce
Spouses may divorce on no-fault grounds after living separate and apart for one year with the intent to remain separated. Alternatively, either spouse can pursue divorce on fault grounds including adultery, cruelty, or abandonment without waiting. West Virginia follows equitable distribution for property division, considering factors such as each party's contributions and future earning capacity. An uncontested divorce with a separation agreement can streamline the process significantly.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in West Virginia.