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RESIDENCY REQUIREMENTS

Before filing for divorce in West Virginia, the filing spouse must have been a resident of the state for at least one year. If the marriage was performed in state, and one party resides in the state, there is no required residency period.

GROUNDS

Irreconcilable differences and living separate and apart without cohabitation and without interruption for one year are the no-fault grounds for divorce in West Virginia.

West Virginia’s fault based grounds for divorce include, but are not limited to, adultery, abandonment for six months, alcoholism or substance abuse, and cruel and inhuman treatment.

CHILD CUSTODY

The courts in West Virginia presume that the child’s primary parent, as the physical caregiver, will be awarded custody in a contested case. It is possible, however, for either parent to be awarded custody, and there is no gender-based bias favoring either parent in custody decisions. If it appears to be in the children’s best interest, the court will approve an agreement concerning custody reached by the parents.

CHILD SUPPORT

West Virginia’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross income, as well as certain child related expenses, will be taken into consideration when calculating the child support obligation. The child support obligation will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.

VENUE

Divorce actions in West Virginia shall be brought in the county in which the parties last cohabited, if the responding party is a resident of the state. Alternatively, at the option of the petitioner, the action may be initiated in the county in which the responding resides. If the responding party is not a resident of the state, then the action shall be brought in either the county in which the petitioner resides, or in the county in which the parties last cohabited.

MEDIATION

The court in West Virginia may refer the parties to mediation in any proceeding in which the issues of parental responsibility, primary residence, visitation, or support of a child are contested.

FILING FEES

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.