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In West Virginia, you can get a no-fault divorce or a fault-based divorce. A no-fault divorce is when you file for divorce without saying that your spouse is responsible for the end of the marriage because: you allege that there are irreconcilable differences;1 or.

Depending on factors like whether a couple pursues a contested or uncontested divorce and how long litigation takes, the length of a divorce will vary. However, the average time it takes to resolve a divorce in West Virginia is about one year.

A divorce may be ordered to the party abandoned, when either party willfully abandons or deserts the other for six months. The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience.

You will need to file a "Complaint for Annulment" in a county family court clerk's office. You should file the complaint in the county where either you or your spouse lives, or where you last resided together. You will need to have lived in West Virginia for at least one year or have married in West Virginia.

In West Virginia, both spouses must agree that they have irreconcilable differences, which basically means they can't get along any more, and there's no reasonable prospect of getting back together. Otherwise, you'll have to choose (and prove) another ground as the basis for the divorce.

How long does it take to get a divorce in West Virginia? That depends. If you choose an uncontested, no-fault divorce, where you and your spouse agree on all the issues before going to court, then you can be divorced in 30 to 90 days after initial paperwork has been filed with the court.