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West Virginia State Laws
Updated for 2026

West Virginia Divorce Laws

Your complete guide to divorce in West Virginia.
1 year
Residency Required
1 year
Separation (No-Fault)
Equitable
Property Division
$10,000
Average Cost

Understanding West Virginia Divorce Law

Property Division

West Virginia follows Equitable Distribution.
Fair Division

Grounds for Divorce

No-Fault: Irreconcilable differences (1 year separation or mutual)
Fault or No-Fault

Child Custody

Courts consider primary caretaker and best interests factors.
Best Interests

Child Support

Uses the Income Shares Model.
Income Shares Model

Child Custody Factors

1
Stability of each parent
2
Quality of parenting
3
Home environment
4
Parent who has been primary caretaker
5
Preference of child if mature enough
6
History of domestic violence
7
Parenting skills and ability
8
Willingness to encourage relationship with other parent
9
Geographic proximity
10
Physical and mental health
11
Any other relevant factors

Spousal Support

Temporary Spousal Support

During proceedings

Rehabilitative Alimony

For training or education

Permanent Alimony

Long-term support

Key Statutes

W. Va. Code 48-5-201
Grounds for Divorce
Irreconcilable differences
W. Va. Code 48-7-101
Property Division
Equitable distribution
W. Va. Code 48-9-206
Child Custody
Best interests factors

Recent Changes

2024
Parenting Plan Updates
West Virginia updated parenting plan requirements.

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