West Virginia Grounds for Divorce

Code Section
48-5-101 et seq.

Residency
If cause is adultery, one party must be resident at time action brought; if defendant is nonresident and service cannot be effected within the state, the plaintiff must have been a resident for 1 yr. prior to commencement of action. If ground other than adultery, one party must be resident at time the cause arose or since then has become a resident and lived in state 1 yr. before action; if parties married in West Virginia, then only one must be resident upon filing—no specified length of time.

Waiting Period
N/A

No Fault
Separation (1 yr.) §48-5-202; irreconcilable differences §48-5-201.

Defenses
Condonation; connivance; plaintiff’s own misconduct; offense occurred more than 3 yrs. prior to divorce action; collusion is not a bar §48-5-301; adultery: voluntary cohabitation after knowledge.

Grounds
Adultery; cruelty or violence; drug/alcohol addiction; insanity (confined for 3 yrs. prior to complaint); conviction of crime subsequent to the marriage; neglect or abuse of child; abandonment or desertion for 6 mos.; irreconcilable differences if other party admits. §48-5-201; also lived apart without cohabitation and without interruption for one year.


Inside West Virginia Grounds for Divorce