West Virginia

Divorce Residency Requirements To Get Divorce In West Virginia

Before you file your divorce without an attorney in West Virginia, the spouse who is filing must have lived in the state as a resident for at least one year. However, if the marriage was performed in-state and at least one party lives in the state, there is no residency requirement.

Reasons For Divorce In West Virginia

There are two no-fault grounds for divorce in West Virginia which are irreconcilable differences and “living apart and separate without cohabitation” for at least one year.

There are at-fault grounds options in West Virginia which include adultery, alcoholism, substance abuse, cruelty, abandonment for at least six months and potentially other events.

Custody Of The Children In West Virginia

In a contested case, courts presume that the child’s primary physical caregiver and primary parent will be awarded custody. However, it is possible for either parent to be awarded custody, and there is no gender bias in custody decisions. If it is in the best interests of the children, the courts will approve agreements reached by the parents.

West Virginia Child Support Guidelines

West Virginia has child support guidelines in place that will apply in almost every case. If there are exceptional circumstances present, they may be overridden. In most instances, both parents’ incomes, as well as child-related expenses, are considered when child support obligations are calculated. Child support is expected to continue until a child reaches age 18, and then may extend until a child completes secondary education, in some situations.

Venue

Divorce is to be filed in West Virginia in the county in which the couple last cohabited, if the defending party is considered to be a resident of the state. If the filer wishes, the divorce may also be filed in the county in which the defendant resides. If the defendant is not a resident of West Virginia, the divorce should be presented in either the county in which the petitioner lives or the county in which they last lived together.

Divorce Mediation

Mediation may be recommended or referred for the parties for any issue regarding parental responsibility, visitation, primary residence, and child support. Negotiation may make a case uncontested rather than contested, allowing for a quick, easy, online divorce.

Filing Fees

Local filing fees are charged in addition to those charged by Divorce.com. Filing fees vary from county to county. To find out the exact charges, we provide an easy way to look up the filing fees for your area. This ensures that you have a clear picture of all expenses specific to your situation before moving forward.