Grounds for Divorce in West Virginia: No-Fault, Fault and Separation Requirements

West Virginia has nine grounds for divorce, including irreconcilable differences admitted in an answer and one year living apart. Fault is left out of the property division except dissipation, but it can be considered for spousal support.

What are the grounds for divorce in West Virginia?

Nine (W. Va. Code 48-5-201 to 48-5-209).

GroundSectionWhat the statute says
Irreconcilable differences48-5-201Alleged in the complaint and admitted in an answer
Voluntary separation48-5-202One year separate and apart, without cohabitation or interruption
Cruel or inhuman treatment48-5-203Includes reasonable apprehension of bodily harm, false accusation of adultery and conduct that destroys well-being
Adultery48-5-204Proved by clear and convincing evidence
Felony conviction48-5-205Final conviction after the marriage
Insanity48-5-206Permanent and incurable, confined three consecutive years
Habitual drunkenness or drug addiction48-5-207After the marriage
Desertion48-5-208Willful abandonment for six months
Child abuse or neglect48-5-209Clear and convincing evidence

Is West Virginia a no-fault state?

It has two no-fault grounds, irreconcilable differences and one year apart, and keeps seven fault grounds. Use the West Virginia divorce timeline calculator to see the dates.

Is there a separation requirement in West Virginia?

Only for the voluntary separation ground: one year in separate places of abode without cohabitation or interruption, whether by one party’s act or by mutual consent (48-5-202).

Can my spouse stop a West Virginia divorce?

Not on the separation ground: allegations of res judicata or recrimination on other grounds are no bar. On irreconcilable differences the answer must admit it (48-5-201).

What does the felony ground need in West Virginia?

A conviction for a felony, in or out of the state, after the marriage, and the conviction must be final (48-5-205).

What does the insanity ground need in West Virginia?

The person must be permanently and incurably insane and confined in a mental hospital or similar institution for at least three consecutive years before the complaint, with competent medical testimony; the court may order support for that spouse, and recrimination based on the petitioner’s insanity is barred (48-5-206).

What does the desertion ground need in West Virginia?

Willful abandonment or desertion of the other spouse for six months, with the divorce ordered to the party abandoned (48-5-208).

What does the cruelty ground cover in West Virginia?

Reasonable apprehension of bodily harm, false accusation of adultery or homosexuality, or conduct that destroys or tends to destroy the other’s mental or physical well-being and makes continued cohabitation unsafe or unendurable; physical violence need not be proved (48-5-203).

What proof does the adultery ground need in West Virginia?

Voluntary sexual intercourse with someone other than the spouse, proved by the party seeking the divorce by clear and convincing evidence (48-5-204).

What does the child abuse ground need in West Virginia?

Clear and convincing evidence sufficient to justify permanently depriving the offending party of any custodial responsibility for the abused or neglected child (48-5-209).

Does fault matter to property in West Virginia?

Not for the division: fault or marital misconduct is not considered, except the economic consequences of dissipating or depreciating marital property (48-7-103(4)). See the West Virginia property division calculator.

Does fault matter to spousal support in West Virginia?

Yes, in a limited way: the court may receive evidence of marital misconduct and consider fault only for deciding whether spousal support should be awarded (48-5-202(c)). See the West Virginia alimony calculator.

Does abuse matter to the children in West Virginia?

Yes. The court must consider whether a parent has abused or neglected a child, committed domestic violence, sexually abused a child or interfered with the other parent, and impose protective limits if so (48-9-209). See the West Virginia parenting time calculator.

Frequently asked questions

What are the grounds for divorce in West Virginia?

Irreconcilable differences, one year apart and seven fault grounds.

Is West Virginia a no-fault divorce state?

It has two no-fault grounds and keeps fault grounds.

Is a separation period required for a West Virginia divorce?

Only on the voluntary separation ground: one year.

Does adultery matter in a West Virginia divorce?

It is a ground and fault can matter to spousal support, but property is divided without regard to fault except dissipation.

Can my spouse contest a West Virginia divorce?

On fault grounds yes; recrimination does not bar the separation ground.

Official sources

Going through a divorce or custody case in West Virginia?

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This is general information, not legal advice. It is based on the cited West Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed West Virginia attorney.