WEST VIRGINIA

One of the spouses must have been a resident of West Virginia for at least one year immediately prior to filing. However, if the marriage was performed in West Virginia and one spouse is a resident when filing, there is no durational time limit. The divorce should be filed for in: 1) county in which the spouses last lived together; or 2) the county where the defendant lives if a resident; or 3) the county where the plaintiff lives, if the defendant is a nonresident. [West Virginia Code; Sections 48-2-6, 48-2-7, 48-2-8].

The no-fault grounds for divorce in West Virginia are: 1) irreconcilable differences have arisen between the spouses; or 2) living separate and apart without cohabitation and without interruption for one year. [West Virginia Code; Section 48-2-4].