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Grounds for Divorce

West Virginia recognizes both fault and no-fault grounds for divorce. If the spouses choose a no-fault divorce, they can terminate their marriage more or less peacefully, without blaming each other or having to prove any accusations before the court.

The no-fault grounds for divorce in West Virginia are:

  • Living separate and apart (either voluntary or involuntary) for at least a year without cohabitation;
  • Irreconcilable differences (both parties must admit it).

If the plaintiff wants to file for divorce based on the misconduct of the other spouse, he or she must provide evidence to the court. The fault grounds for divorce in West Virginia include cruelty, violence, reasonable apprehension of bodily harm, adultery, felony conviction, permanent and incurable insanity, alcohol or drug addiction, willful neglect, or abuse of a spouse or child, and abandonment for six months.

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