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Legal Information: West Virginia

Divorce

Updated: 
April 1, 2024

What are the residency requirements to file for divorce in West Virginia?

If you were married in West Virginia, a West Virginia court can hear your divorce case if you or your spouse is currently a resident of West Virginia.

If you were married outside of West Virginia, a West Virginia court can hear your divorce case if you or your spouse has been a resident of the state for at least one year before the start of the case.1

1 W. Va. Code § 48-5-105