Statutory Reference to West Virginia Code:

Residence: §§ 48-2-5 to 48-2-8

Divorce: § 48-2-4

Property Distribution: §§ 48-2-1, 48-2-32

Alimony: §§ 48-2-15, 48-2-16

Custody: § 48-2-15

Visitation: § 48-2B-1

Child Support: § 48A-1B-2 et seq.

 

Residence:

One of the spouses must have been a resident of the state for one year immediately prior to the filing of the complaint.  If the marriage was performed in West Virginia and one spouse is a resident at the time of filing, there is no residency requirement. 

 

Grounds:

No-fault: (1) Irreconcilable difference; (2) living separate and apart without cohabitation and without interruption for one year.

Fault: (1) adultery; (2) abandonment for six months; (3) alcoholism and/or drug addiction; (4) confinement for incurable insanity for three years; (5) physical abuse or reasonable apprehension of physical abuse of a spouse or child; (6) cruel and inhuman treatment, including false accusations of adultery or homosexuality; (8) willful neglect of a spouse or child; (9) habitual intemperance.

 

Distribution of Property:

Equitable distribution of property, based on dual-classification of property into marital and separate.  The court shall divide the marital property equally, unless the court determines that it would not be equitable to divide the property equally, and shall set aside the separate property of the spouses to each.  Marital property is property acquired during the marriage, the increase in value of separate property that is the result of the use of marital funds or work performed by either party during the marriage.  In deciding whether not to divide the marital property equally, the court shall consider the enumerated factors. 

 

Alimony/Spousal Support:

Either spouse may be ordered to provide the other spouse with alimony, based upon 16 factors.  Alimony will not, however be awarded to a spouse who (1) committed adultery; (2) has been convicted of a felony during the marriage; (3) deserted or abandoned the other spouse for six months.

 

Child Custody/Visitation:

Either parent may be awarded custody.  There is a presumption in favor of the parent who has been the primary caretaker of the child.  There are no other factors specified in the statute, and there is no provision for joint custody.

 

Child Support:

Child support guidelines based on the income shares model, calculated on adjusted gross income.  Support terminates at age 20, or up to age 20 if the child is still enrolled in secondary school.  The court may award support for college tuition.