Full question:
How long must you be separated in the state of West Virginia before a divorce can be granted?
- Category: Divorce
- Date:
- State: West Virginia
Answer:
We are not aware of any specific time period. The grounds for divorce are:
Irreconcilable differences.
Living separate and apart in separate places of abode without any cohabitation and without interruption for one year.
Cruel or inhuman treatment by either party against the other. Cruel or inhuman treatment includes, but is not limited to, the following:Reasonable apprehension of bodily harm;
False accusation of adultery or homosexuality; or
Conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness and welfare of the other and render continued cohabitation unsafe or unendurable.
Adultery.
Conviction of crime.
Permanent and incurable insanity.
Habitual drunkenness or drug addiction.
Desertion.
Abuse or neglect of a child.
At least one of the spouses must have been a resident of West Virginia for at least 1 year immediately prior to filing for divorce. However, if the marriage was performed in West Virginia and one spouse is a resident when filing there is no durational time limit. The case should be filed in the county in which the spouses last lived together, or the county where the defendant currently lives, or the county where the plaintiff lives if the defendant is a non-resident.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
