Can I File for Divorce in West Virginia?

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 the Circuit Court for your county in West Virginia. 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 West Virginia 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).

The divorce paperwork requires a signed authentication that one of the spouses has been a resident of West Virginia for at least the past year prior to the filing, but when the marriage happened in the state and one spouse resides in the state when filing this is no time limit. A West Virginia driver's license or state identification is sufficient or an affidavit of a corroborating witness confirming residency of the petitioner is acceptable.