Am I Eligible to File for Divorce in West Virginia? (2026)

Disclaimer: General legal information only. Not legal advice.

Residency Requirement

West Virginia does not impose a minimum residency period in the traditional sense. You are eligible to file if:

Option 1 — Current Resident You are a current resident of West Virginia — you live there now with the intention of remaining. No minimum duration is specified. In practice, courts look for bona fide residency.

Option 2 — Married in West Virginia (Special Exception) Under W. Va. Code § 48-5-105, if you were married in West Virginia, you may file for divorce there regardless of how recently you moved to the state. This is an unusual and favorable exception for former West Virginians who moved away and returned.

Which county? File with the Family Court in the county where either spouse currently lives.

Grounds for Divorce

No-Fault Ground 1 — Irreconcilable Differences

The parties agree that the marriage has irretrievably broken down with no reasonable prospect of reconciliation. Both must consent, or at least not contest the ground. Used in agreed divorces.

No-Fault Ground 2 — 1-Year Separation

The parties have lived separately without cohabitation for a continuous period of at least 1 year. Either party can file — no mutual agreement required. The separation must be continuous; any cohabitation during the period restarts the clock.

Fault Grounds (Also Available)

West Virginia also allows fault-based divorce on grounds including:

• Adultery
• Cruel or inhuman treatment
• Desertion for 6 months
• Conviction of a felony
• Habitual drunkenness or drug addiction
• Permanent and incurable insanity
• Abuse or neglect of children

Most West Virginia divorces use one of the no-fault grounds.

Family Court — Not Circuit Court

All divorce cases in West Virginia are handled by the Family Court — a statewide system of dedicated family law courts. Do NOT file in the Circuit Court for divorce.

Eligibility Checklist

• You are a current WV resident — OR — you were married in West Virginia ✅
• Family Court county identified ✅
• Ground identified: irreconcilable differences (agreed) OR 1-year separation (one party) ✅
• Separation Agreement drafted (for agreed divorces) ✅

Last reviewed: March 2026 | Family Court only | Married-in-WV exception (W. Va. Code § 48-5-105) | "Irreconcilable differences" or "1-year separation" | Fault grounds also available | SCA-FC forms | courtswv.gov

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.