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West Virginia Divorce Laws

West Virginia Legal Overview
If you wish to seek a divorce in West Virginia, it is not necessary to meet any residency requirements, which are quiet lenient and do not specify a specific duration.

Grounds for Divorce
In situations regarding irreconcilable differences as grounds for divorce, the state of West Virginia allows no-fault divorces. For those wishing to seek a fault divorce in the state, grounds that are acceptable include insanity lasting three years or longer, drug and/or alcohol abuse, inhumane and cruel treatment, adultery, incarceration, a party lacking the mental capacity to comply with the divorce, and more.

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Maintenance in West Virginia
Maintenance, also referred to as alimony or spousal support, may be sporadic and/or in a lump sum, the total of which depends upon various factors as the respective assets, ages, and job potential of the couple and history during the marriage, in addition to the length of the marriage. Alimony in West Virginia is not granted as a means to punish a party at fault, but instead is to minimize the economic impact of divorce on the other party. A West Virginia state court will often only grant alimony if it is deemed that the spouse does not have adequate job skills or assets in order to provide for himself or herself.

Child Support
When deciding whether a child is in need of child support supports and if the mother and father are able to offer support, the court shall look at the age, station, assets, vocational skills and employability of each of the parents, health, job, income potential, amount and sources of income, and the age, health, station, amount and sources of earnings, vocational skills, job, educational status and expectation, employability, estate and needs of the child.

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Child Custody in West Virginia
In the state of West Virginia, a variety of factors are looked at before a decision is made regarding child custody, unless this is an agreement that both parties have already reached. Nevertheless, the court will ensure that the decision for custodial parent is the parent that can provide and care for the child properly.