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Residency Requirements

To file for a divorce under the laws of a particular state, a couple has to meet the relevant residency requirements.

In West Virginia, the residency requirements vary depending on the cause of divorce and where the ground for divorce or the marriage took place:

  • If the cause is adultery, one party must be a resident at the time of the filing. Additionally, if the defendant is not a resident, the plaintiff must have resided in West Virginia for one year before filing for divorce.
  • Filing under any other grounds for divorce, either party must be a resident at the time that the cause occurred or must have lived within the state for one year before filing.
  • If the marriage took place in West Virginia, either spouse must be a resident of the state at the moment of filing for divorce (with no specified length of time).
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