West Virginia State Laws
Updated for 2026
West Virginia Divorce Laws
Your complete guide to divorce in West Virginia.
Understanding West Virginia Divorce Law
Property Division
West Virginia follows Equitable Distribution.
Fair DivisionGrounds for Divorce
No-Fault: Irreconcilable differences (1 year separation or mutual)
Fault or No-FaultChild Custody
Courts consider primary caretaker and best interests factors.
Best InterestsChild Support
Uses the Income Shares Model.
Income Shares ModelChild Custody Factors
1
Stability of each parent
2
Quality of parenting
3
Home environment
4
Parent who has been primary caretaker
5
Preference of child if mature enough
6
History of domestic violence
7
Parenting skills and ability
8
Willingness to encourage relationship with other parent
9
Geographic proximity
10
Physical and mental health
11
Any other relevant factors
Spousal Support
Temporary Spousal Support
During proceedings
Rehabilitative Alimony
For training or education
Permanent Alimony
Long-term support
Key Statutes
W. Va. Code 48-5-201
Grounds for Divorce
Irreconcilable differences
W. Va. Code 48-7-101
Property Division
Equitable distribution
W. Va. Code 48-9-206
Child Custody
Best interests factors
Recent Changes
2024
Parenting Plan Updates
West Virginia updated parenting plan requirements.
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