Divorce in West Virginia

Everything to Know About Divorce in West Virginia

Written by Katie Reseburg | Apr 16, 2025 8:54:29 PM

Whether you're filing on your own or preparing for a contested case, knowing what to expect can make the process less overwhelming. This guide explains how divorce works in West Virginia, from filing steps to custody rules and financial requirements.

Prerequisites

Residency requirements

To file for divorce in West Virginia:

  • Either you or your spouse must have lived in the state for at least one year.
  • File in the county where either spouse lives or where you last lived together.

Grounds for divorce

West Virginia allows both fault and no-fault divorce:

  • No-fault: Based on irreconcilable differences or a one-year voluntary separation (no cohabitation).
  • Fault: Grounds include adultery, cruelty, desertion, felony conviction, habitual drunkenness, and mental illness. There are more rules if you are getting a fault-based divorce.

Waiting period & separation

No waiting period applies for most divorces. If filing no-fault under separation, spouses must have lived apart for at least one year. 

You can use a one-year separation as your grounds in a fault-based divorce— just know that if you are living together, you may have some trouble with the court.

How to file for divorce in West Virginia

  1.  Complete the Petition for Divorce and Civil Case Information Sheet.
  2.  File with the Circuit Clerk’s Office in the correct county.
  3.  Serve the other spouse via sheriff, professional process server, or certified mail.
  4.  Wait for response: Spouse has 20 or 30 days to respond, depending on how they were served.
  5.  Court hearings: All cases require at least one court appearance.

Divorce costs in West Virginia

  • Filing fee: $135. There is also a $25 fee if you have the sheriff serve or $20 if you serve via certified mail with restricted delivery.
  • Additional $25 fee for parenting education if you have minor children.
  • Fee waivers are available to those who qualify by submitting a financial affidavit to the court.

Property, asset & debt division

West Virginia follows equitable distribution:

  • Property and debts are divided fairly, not necessarily equally.
  • Judges consider the length of the marriage, contributions, income, and conduct.
  • Separate property (gifts, inheritance, premarital assets) may be excluded if not commingled.

Alimony (spousal support)

Alimony may be awarded based on:

  • Length of the marriage
  • The earning capacity of each spouse
  • Standard of living
  • Health and age

There is no official spousal support calculator, and support is not guaranteed. Judges have broad discretion.

Child custody and support

Custody

West Virginia courts prioritize the best interests of the child and often favor joint parenting plans. A judge may consider:

  • Each parent’s caregiving ability
  • Stability and home environment
  • History of abuse or substance use

Child support

The Family Court sets support based on income using state guidelines. Use West Virginia’s child support estimator.

Parenting requirements

You must attend a parenting class before the court will finalize your divorce. A Parenting Plan is required as part of the custody process.

Military divorce in West Virginia

Military retirement and pensions can be divided in divorce. The same 1-year residency rule applies. The Servicemembers Civil Relief Act may delay proceedings while a service member is deployed.

Legal separation and annulment

Legal separation is not clearly recognized in West Virginia law. The only way to legally end your marriage is with a divorce.

Annulment is available in rare cases like fraud, coercion, or bigamy. The process is similar to divorce.

E-filing and court

E-filing is available through West Virginia’s eFile system. However, at least one court appearance is required for every divorce, even if uncontested and completed online with a service like Hello Divorce.

After divorce

There are several updates or changes you might want to make, including:

  • You can request a name change in your divorce paperwork.
  • Update legal documents, accounts, and estate planning tools.
  • You may file taxes as single if the divorce is finalized by December 31 of that year.

West Virginia legal resources

West Virginia divorces require at least one court hearing, even if things are amicable. Whether you’re pursuing a no-fault agreement or facing a fault-based divorce, knowing the rules around paperwork, timelines, and parenting plans can help you avoid costly mistakes. Get help if you need it—especially for contested property, custody, or support issues.
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