Divorce Law in West Virginia
Are you facing a costly divorce in West Virginia? Has your spouse already hired an attorney?
Many separating couples cannot reach agreements on property, custody, or support. Because of this, most couples rely on mediation or the courts to settle their disputes and finalize the divorce.
Issues Involved in West Virginia Divorce Law
Divorce requires spouses to work through complicated and deeply personal matters. The process can become stressful, especially when emotions or financial concerns begin to influence decision-making.
Dividing Property
Property division is often one of the most contested areas of divorce law. In many states, including West Virginia, nearly anything acquired during the marriage is treated as marital property. Real estate, vehicles, savings accounts, retirement funds, and investments may all be subject to division, along with marital debt.
Some states divide property evenly, while others follow the principle of equitable distribution. Under equitable distribution, a judge considers how each spouse contributed to the marriage—financially and otherwise—before deciding how to divide assets. As a result, spouses may not receive a perfect 50/50 split, even if both contributed significantly to the marriage.
Child Support
Both parents share a legal responsibility to financially support their children. Child support payments help cover healthcare, food, housing, clothing, and other basic necessities.
West Virginia uses the Income Shares Support Formula to determine how much each parent should contribute. The amount of child support depends on each parent’s gross income and how much time the child spends with them. Payments may be submitted online, by mail, or over the phone through the West Virginia Support Payment Center.
Enforcement is handled by the Bureau for Child Support Enforcement (BCSE). If a parent falls behind on payments, the BCSE may report the debt to credit bureaus, intercept tax refunds, deny a passport, or suspend a driver’s license. The BCSE can also place liens on property or garnish wages. Persistent failure to pay could lead to contempt proceedings and even jail time.
Alimony
Alimony, also known as spousal support, helps a lower-earning spouse maintain stability during and after divorce. When determining alimony awards, the court considers several factors:
- Each spouse’s financial need and ability to pay
- Age and health of each spouse
- Length of the marriage
- Earning capacity and education
- Division of marital property
- Parental responsibilities
- Separate assets or investments of either spouse
Under West Virginia Code, judges may award temporary support during the case, rehabilitative support to help a spouse gain education or job skills, permanent support that continues until death, or spousal support in gross. Support in gross is a fixed amount paid either in full or in installments.
Child Custody and Visitation
Child custody is often the most sensitive part of a divorce involving children. Courts decide custody based on what is in the best interest of the child, placing emotional and physical well-being above all else.
West Virginia enacted the Best Interests of the Child Protection Act of 2021, which encourages consistent and meaningful contact with both parents. Courts consider a child’s stability, existing relationships with each parent, and the need to protect the child from physical or emotional harm.
In most cases, West Virginia courts award joint legal custody, allowing both parents to participate in major decisions involving education, medical care, or religious upbringing. Legal custody is separate from physical custody, and joint legal custody does not automatically mean parents share equal residential time. Likewise, sole legal custody does not eliminate a noncustodial parent’s visitation rights.
The Process of Going Through Divorce Law in West Virginia
If you are thinking about filing for divorce, it is important to understand each step in the legal process.
Step 1: File the Divorce Law Petition
The process begins when one spouse files a formal petition asking the court to end the marriage. The petition must list a legal ground for divorce and confirm that residency requirements are met. West Virginia recognizes no-fault divorce when a couple cites irreconcilable differences.
Step 2: Request Temporary Orders
Because divorce can take several months to resolve, temporary orders may be necessary. Temporary orders can determine custody, child support, spousal support, property restrictions, or other urgent needs. Requesting temporary orders early can help protect your finances, housing, and access to your children.
Step 3: Serve Your Spouse and Wait for Their Response
After filing, the petitioner must have the other spouse served. If the spouse agrees to accept service, they must sign an affidavit. If they do not, service may be completed by a sheriff or process server. Proof of service must then be filed with the court.
Step 4: Try To Come to an Agreement
An uncontested divorce—where both spouses agree on every issue—is the fastest and least expensive option. Spouses can negotiate directly or work with a mediator to reach a settlement. Mediation often reduces conflict and speeds up the legal process.
Step 5: Go To Court
If an agreement cannot be reached, the case proceeds before a West Virginia judge. Family Court judges handle divorce matters in West Virginia. The state has 47 Family Court judges serving 27 Family Court Circuits. At this stage, the judge makes the final decisions on property division, custody, and support.
Step 6: Receive the Judgment of Divorce
The divorce concludes with the official judgment of divorce. This document dissolves the marriage and outlines all legal obligations, including support payments, asset division, and parenting arrangements.
Work With an Experienced West Virginia Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced West Virginia divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across West Virginia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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