Also See: West Virginia Marriage Laws
Statute: West Virginia State Divorce Code (Chapter 48, Article 5): legis.state.wv.us
Residency: Either party must be a resident of the state for at least 1 year prior to filing unless the marriage took place in West Virginia in which case the residency requirement would be waived.
Counseling Requirements: The court may order educational classes when a minor child is involved.
Property Distribution: West Virginia relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution. Fault is not considered.
Alimony: Alimony may be awarded to either party at the discretion of the court. Fault is considered.