Getting Divorced
W. Va. Code § 48-5-201 and W. Va. Code § 48-5-202 — irreconcilable differences admitted, or a year living apart
| Where the marriage took place | Residency to file |
|---|---|
| Where the marriage took placeIn West Virginia | Residency to fileOne party a bona fide resident when the case is filed, for any length of time |
| Where the marriage took placeSomewhere else | Residency to fileOne party a resident for the uninterrupted one-year period before filing |
- Irreconcilable differences, alleged in the complaint and admitted in the answer, with no corroboration needed.
- Living separate and apart, in separate places, without cohabitation and without interruption for one year, whether one spouse chose it or both did.
Those are the two grounds most divorces use; fault grounds such as cruelty and adultery also remain. The court may approve, change or reject the spouses' own agreement on support, custody and property.
When the pleadings raise it, the court orders a just and equitable distribution of the marital property.
Either spouse may ask to resume the name used before the marriage in the divorce itself, with no separate petition, and the clerk certifies a one page certificate for the DMV. A particular divorce is a question for a licensed West Virginia attorney.
Sources for this section (5)
- W. Va. Code § 48-5-105 — Residency requirements for maintaining an action for divorce
- W. Va. Code § 48-5-201 — Grounds for divorce; irreconcilable differences
- W. Va. Code § 48-5-202 — Grounds for divorce; voluntary separation
- W. Va. Code § 48-5-610 — Court may order just and equitable distribution of property
- W. Va. Code § 48-5-613 — Former name of party; restoration
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.