West Virginia Residency Requirements The state of West Virginia has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your local county court. The West Virginia residency requirements are as follows: In an action for divorce at least one of the spouses must have been a resident of the state for at least 1 year, except if the marriage took place in West Virginia, the 1 year residency requirement is waived. The divorce shall be filed as follows: (a) If the respondent in an action for divorce is a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the respondent resides. (b) If the respondent in an action for divorce is not a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the petitioner resides. (West Virginia Code - Sections: 48-5-201) If you DO NOT meet at least one of the above residency requirements, you have the following options: Establish residency in West Virginia for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents). Have your spouse do the filing if he or she meets the West Virginia residency requirements. Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option). < Return to West Virginia Online Divorce STEP 1: Begin Your West Virginia Premium On-line Divorce Click Here to Begin

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