Family Law Resources

Filing for Divorce in West Virginia

Residency Requirements

At least one spouse must have been a WV resident for at least 1 year, or married in WV and petitioner is current resident.

Waiting Period

No mandatory waiting period after filing.

Grounds

• No-fault: Irreconcilable differences (1 year separation)


• Fault: Adultery, cruelty, conviction of crime, etc.

Family Courts in West Virginia

West Virginia has a unified Family Court system.

Jurisdiction

Family Court handles divorce, annulment, paternity, custody, child support, domestic violence, and some juvenile matters.

Court Structure

• 55 counties


• 27 Family Court circuits

Filing Fees in West Virginia

Fee Schedule

• Divorce filing fee: $175


• Service fees: Additional costs vary

Fee Waiver

Petition for Fee Waiver available.

Free Legal Resources in West Virginia

Legal Aid of West Virginia

• Website: lawv.net


• Phone: 1-866-255-4370

Online Resources

• WV Free Legal Answers: wv.freelegalanswers.org


• WV Courts: courtswv.gov

West Virginia's Unique Family Law Features

Unified Family Court

West Virginia has a dedicated Family Court system handling all family matters.

Primary Caretaker History

WV pioneered the primary caretaker doctrine, though now uses best interest standard.

No Waiting Period

No mandatory post-filing waiting period for divorce.