West Virginia Family Laws

Filing fee for divorce petition in West Virginia family court, consistent across all 55 counties.

If married in West Virginia, either spouse who currently lives in the state may file. If married outside West Virginia, at least one spouse must have been a resident for at least one year before filing.

The court may order a divorce if the complaint alleges irreconcilable differences and the other party files an answer admitting the allegation. No corroboration is required.

A divorce may be ordered when the parties have lived separate and apart in separate places of abode without cohabitation and without interruption for one year.

There is a rebuttable presumption that equal (50/50) custodial allocation is in the best interest of the child. If rebutted, the court constructs a schedule maximizing each parent's time consistent with the child's welfare.

The court must consider whether a parent has abused, neglected, or abandoned a child; committed domestic violence; interfered with the other parent's access; or made fraudulent reports of abuse. These factors may limit custodial allocation.

Marital property is divided equitably considering factors including length of marriage, contributions of each spouse, and the economic circumstances of each spouse. Separate property (owned before marriage or received by gift/inheritance) is generally not divided.

Courts consider income-earning abilities, marital property distribution, likelihood of increasing income through education, and custodial responsibilities. Four types are available: permanent, temporary, rehabilitative, and lump-sum.

West Virginia uses an income shares model that considers both parents' adjusted gross incomes, the number of children, parenting time, and costs for health insurance and childcare. The minimum basic support obligation is $50 per month.