Divorce Laws in West Virginia

According to West Virginia divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the showing of irreconcilable differences by living separate and apart for one year. Fault grounds can include, but is not limited to, adultery, abandonment and cruel and inhumane treatment. Additionally, one of the spouses must have been a resident in the state of West Virginia for one year prior to filing for divorce in WV.

Alimony & Equitable Distribution in West Virginia

West Virginia is known as an equitable distribution state. According to the divorce laws in West Virginia this means that the marital property must be divided equally. Separate property, or property owned prior to the marriage, shall be retained by the owning spouse.

Alimony can be awarded to either the husband or wife. Such factors as the length of the marriage, the parties’ prior living standard, etc. are considered in determining the amount and duration that should be paid. However, if fault grounds, such as adultery or abandonment etc. have been brought against the requesting spouse alimony shall under no circumstances be awarded.

West Virginia Child Support, Child Visitation and Child Custody

West Virginia divorce laws provide for child custody to either parent. However, under WV divorce laws, there is a preference for the parent who has been the primary caretaker of the child. Visitation rights within reason are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parents’ income paid to assist with the support of his children) is determined by the Income Shares model, based on the gross income of both parents as set forth by divorce law in West Virginia. Expect to pay child support until the age of 20, or later if the court orders support for college tuition.