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Legal Information: West Virginia

Divorce

Laws current as of
April 1, 2024

In which county should I file the divorce petition?

If your spouse is a resident of West Virginia, you can file the divorce in:

  • the county in which you last lived together as husband and wife (“cohabitated”); or
  • the county where your spouse currently lives.1

If your spouse is not a resident of West Virginia, you can file the divorce in:

  • the county in which you last lived together as husband and wife (“cohabitated”); or
  • the county where you currently live.2

W. Va. Code § 48-5-106(a)
2 W. Va. Code § 48-5-106(b)