Category: Family Law

If you or your spouse earns significantly more than the other, spousal support — called alimony — may be part of your divorce. West Virginia courts have broad discretion in deciding whether to award it, how much, and for how long.

What Is Alimony in WV?

Alimony is money paid by one ex-spouse to the other after divorce. Either spouse may request it — it is not limited by gender. The court must find that one spouse needs support and the other has the ability to pay.

Is There a Formula?

No. Unlike child support, West Virginia has no mathematical formula for alimony. The Family Court judge weighs multiple factors using their discretion, making this one of the most fact-specific issues in any WV divorce.

Factors the Court Considers

• Length of the marriage
• Each spouse’s income and earning capacity
• Future earning ability (education, job history)
• Time out of the workforce to care for children or the home
• Standard of living established during the marriage
• Age, physical health, and emotional condition of each spouse
• Financial needs and resources of each spouse
• Non-financial contributions: homemaking, childraising
• Whether either spouse dissipated marital assets

Types of Alimony in West Virginia

Temporary Alimony (Pendente Lite)

Support paid while the divorce is pending to maintain the financial status quo. Ends when the divorce is finalized.

Rehabilitative Alimony

Most common type. Paid for a limited period while the receiving spouse completes education, training, or re-enters the workforce to become self-supporting.

Permanent Alimony

Awarded in long-term marriages or when a spouse cannot become financially self-sufficient due to age, disability, or other circumstances. Terminates on remarriage or death; can be modified if circumstances change.

Can Alimony Be Modified?

Yes — either party can request a modification if there is a substantial change in circumstances, such as job loss, significant income change, major health change, or the receiving spouse cohabiting with a partner in a marriage-like relationship.

Tax Considerations

For divorce agreements finalized after December 31, 2018: alimony is not tax-deductible for the paying spouse and not taxable income for the receiving spouse. Consult a tax advisor alongside your divorce attorney.

Resources

• WV Code § 48-6 — Spousal Support
• How Is Alimony Calculated in WV? — Klie Law
• Legal Aid of West Virginia

This page is for informational purposes only and does not constitute legal advice.

When children are involved in a WV divorce, custody decisions are often the most emotionally charged part of the process. Understanding the law can help you prepare and advocate effectively for your children.

The 50/50 Starting Point

West Virginia presumes that equal parenting time (50/50) is in the child’s best interests when parents cannot agree. This is a starting point — not a guarantee — and either parent can present evidence that a different arrangement better serves the child.

The Best Interests of the Child Standard

Every custody decision in WV turns on this question: What arrangement is in this child’s best interests? Courts consider:

• The child’s relationship with each parent
• Each parent’s ability to provide a stable, loving home
• The child’s adjustment to home, school, and community
• Each parent’s mental and physical health
• Each parent’s willingness to support the child’s relationship with the other parent
• Any history of domestic violence, abuse, or neglect
• The child’s own preferences (for children mature enough to have a reasoned opinion)

Types of Custody

Legal Custody

The right to make major decisions — education, healthcare, religion. Courts almost always award joint legal custody so both parents share decision-making.

Physical Custody (Parenting Time)

• Basic parenting: One parent has fewer than 127 overnight visits per year (less than ~35%)
• Extended parenting: Both parents have 127+ overnight visits per year (~35% or more each)

Parenting Plans

Both parents must submit a Parenting Plan addressing: regular weekly schedule, holidays and school breaks, summer vacations, transportation arrangements, dispute resolution process, and communication protocols.

If parents agree, the court approves it. If they disagree, each submits an Individual Parenting Plan and the judge decides.

Can My Child Choose Where to Live?

There is no set age in WV. A judge may consider the preference of a child mature enough to have a reasoned opinion — generally given more weight in the early teenage years. The child’s best interests always control.

Relocation

If a custodial parent wants to move — especially out of state — WV law requires advance notice to the other parent and often court approval. Courts balance the parent’s right to move against the other parent’s right to a meaningful relationship with the child.

Modifying a Custody Order

To change an existing custody order, you must show a substantial change in circumstances affecting the child’s welfare — such as a parent’s relocation, a significant schedule change, or a new safety concern.

Child Support

Child support is calculated by a state formula based on both parents’ incomes and parenting time. It continues until the child turns 18 or graduates high school, whichever is later.

Resources

• WV Code § 48-9 — Child Custody
• Legal Aid WV — What You Can Ask the Court to Decide
• WV Family Court System

This page is for informational purposes only and does not constitute legal advice.

One of the most pressing questions in any divorce: What happens to our home, savings, and retirement accounts? West Virginia uses equitable distribution, governed by W. Va. Code § 48-7-101.

Equitable Distribution — What It Means

“Equitable” means fair, not necessarily equal. Courts start at a 50/50 presumption and adjust based on each spouse’s circumstances.

Marital Property vs. Separate Property

Marital Property (Subject to Division)

• Income earned by either spouse during the marriage
• The family home purchased after the wedding
• Vehicles, bank accounts, investment accounts
• Retirement benefits earned during the marriage
• Business interests acquired during the marriage
• Debts taken on during the marriage

Separate Property (Not Divided)

• Property owned before the marriage
• Inheritances received by one spouse
• Gifts made specifically to one spouse
• Assets excluded by a valid prenuptial agreement

Factors Courts Consider

Under W. Va. Code § 48-7-104, courts weigh:

• Each spouse’s monetary and non-monetary contributions
• Length of the marriage
• Each spouse’s economic circumstances and earning capacity
• Whether either spouse dissipated (wasted) marital assets

Marital misconduct (e.g., adultery) generally does not affect property division — only financial misconduct does.

The Family Home

Common outcomes: one spouse buys out the other’s equity; the home is sold and proceeds split; or one spouse stays temporarily (often for the children’s schooling) with a later sale or refinance.

Important: Being removed from the deed does not remove you from the mortgage. A refinance or sale is needed to remove mortgage liability.

Retirement Accounts and Pensions

Retirement benefits earned during the marriage are marital property. Dividing them requires a Qualified Domestic Relations Order (QDRO) — a specialized court order. Only the portion earned during the marriage is typically subject to division.

Debt Division

Courts consider who took on the debt, who benefited, and each spouse’s ability to repay. If a joint debt is assigned to one spouse in the decree but they fail to pay, creditors can still pursue the other. Pay off or refinance joint debts where possible.

Resources

• WV Code § 48-7-101 — Property Division
• Legal Aid of West Virginia

This page is for informational purposes only and does not constitute legal advice.

Filing for divorce can feel overwhelming. When you break it down step by step, the process becomes much more manageable. West Virginia uses a dedicated Family Court system for all divorce cases. Here is exactly what to expect.

Before You File: Documents to Gather

• Marriage certificate
• Both spouses’ Social Security numbers and dates of birth
• Children’s names, birth dates, and Social Security numbers
• Recent pay stubs / proof of income
• Bank and investment account statements (3–6 months)
• Property deeds and mortgage statements
• Vehicle titles
• Retirement and pension account statements
• List of shared debts

Step 1: Choose Your Grounds

• Irreconcilable differences — both agree; no separation period needed
• Voluntary separation for one year — only one must agree; must have lived apart continuously
• Fault-based grounds — adultery, cruelty, drug/alcohol addiction, desertion, etc.

Most people file on irreconcilable differences or voluntary separation. Fault is rarely worth the added complexity.

Step 2: Complete the Divorce Forms

• Petition for Divorce
• Family Court Civil Cover Sheet
• Proposed Parenting Plan (if minor children are involved)
• Financial Disclosure Statement

WV Judiciary Self-Help Forms — courtswv.gov

Step 3: File at the Circuit Clerk’s Office

Take your completed forms to the Circuit Clerk in the county where you or your spouse lives. Filing fee: $135. If you cannot afford this, ask about a fee waiver (In Forma Pauperis).

Step 4: Serve Your Spouse

Your spouse (the Respondent) must be formally served. Options include personal service by the sheriff, certified mail, or a voluntary Acceptance of Service form. They then have 20 days to file a response.

Step 5: Spouse’s Response

If they agree on all terms → uncontested path. If they disagree → contested case. If they do not respond within 20 days → you may proceed by default.

Step 6: Temporary Orders

Either spouse can request temporary orders during the process covering who lives in the family home, temporary custody, child support, and bill responsibilities.

Step 7: Financial Disclosures

Both spouses exchange complete financial information — income, assets, debts, and expenses — to help the court make fair decisions.

Step 8: Mediation

WV courts require mediation in most counties before a contested hearing. A neutral mediator helps both parties reach agreements. Cost: typically $100–$250/hour, split between spouses.

Step 9: Settlement or Contested Hearing

Uncontested: Submit a written Settlement Agreement; judge reviews and signs the Final Order.
Contested: Judge holds a hearing, hears evidence, and rules on all unresolved issues.

Step 10: Final Divorce Order

Once the judge signs, your marriage is legally dissolved. The order covers property division, custody, child support, and alimony. Get certified copies — you will need them for name changes, refinancing, and updating beneficiary designations.

Resources

• WV Judiciary Self-Help Center
• WV Code § 48-5 — Divorce Statutes
• Legal Aid of West Virginia

This page is for informational purposes only and does not constitute legal advice.

Going through a divorce is one of the hardest things a person can face. Whether you are just starting to consider your options or are ready to file, understanding how divorce works in West Virginia can help you make informed decisions and protect what matters most to you. This guide covers everything — from the type of divorce state West Virginia is, to what courts handle your case, what to expect during the process, and how property, children, and support are handled — in plain English.

What Kind of Divorce State Is West Virginia?

West Virginia recognizes both no-fault and fault-based divorce under West Virginia Code Chapter 48, Article 5. Most people choose the no-fault route because it is simpler, faster, and avoids proving wrongdoing in open court.

No-Fault Divorce Grounds in WV

1. Irreconcilable Differences (W. Va. Code § 48-5-201) — Both spouses agree the marriage is over. No separation period required. The fastest path to divorce in WV.
2. Voluntary Separation (W. Va. Code § 48-5-202) — Both spouses have lived in separate homes without any cohabitation for one continuous year. Only one spouse needs to agree.

Fault-Based Divorce Grounds in WV

• Adultery
• Cruel or inhuman treatment (physical or mental abuse)
• Felony conviction and imprisonment
• Habitual drunkenness or drug addiction
• Desertion for at least six months
• Permanent and incurable insanity
• Abuse or neglect of a child

Note: Fault does not typically affect property division in WV, but may be considered for spousal support.

Residency Requirements

• Married in WV: You or your spouse must be a current WV resident — no minimum time required.
• Married outside WV: One of you must have been a WV resident when the grounds arose, OR one of you must have lived in WV continuously for at least one year before filing.

What Courts Handle Divorce in West Virginia?

West Virginia’s Family Court system, created in 2000 and operational since 2002, handles all divorce cases. File at the Circuit Clerk’s office in the county where you or your spouse lives.

Family Court judges handle: divorce, child custody, parenting plans, child support, alimony, property division, and domestic violence protective orders.

WV Family Court Directory — courtswv.gov

The WV Divorce Process — Step by Step

1. Gather documents — financial records, deeds, account statements, debt info
2. File a Petition for Divorce — at your county’s Circuit Clerk office ($135 filing fee)
3. Serve your spouse — who has 20 days to respond
4. Request temporary orders if needed (housing, child support, custody during the process)
5. Mediation — often required before a contested hearing
6. Settlement or hearing — uncontested cases finalize with a signed agreement; contested cases go before the judge
7. Final Divorce Order — legally dissolves the marriage and covers all resolved issues

Dividing Property in a WV Divorce

West Virginia is an equitable distribution state. The starting point under W. Va. Code § 48-7-101 is a 50/50 split, adjusted based on each spouse’s contributions, earning capacity, and any wasting of marital assets.

Marital property includes: income earned during the marriage, the family home, vehicles, bank and retirement accounts, and shared debts.

Separate property includes: assets owned before marriage, inheritances, and gifts to one spouse.

Child Custody in West Virginia

WV courts presume 50/50 parenting time when parents cannot agree. The only legal standard is the best interests of the child. Either parent may submit a proposed Parenting Plan.

• Basic parenting: One parent has fewer than 127 overnight visits per year
• Extended parenting: Both parents have 127+ overnight visits per year

Alimony and Spousal Support in WV

Either spouse can request alimony. There is no formula — the judge weighs length of marriage, income, earning capacity, and contributions to the household.

• Rehabilitative alimony: Temporary support while a spouse gains skills or employment
• Permanent alimony: For long marriages or when a spouse cannot become self-supporting

Cost of Divorce in West Virginia

• Court filing fee: $135
• Uncontested (attorney fees): $1,500 – $3,500 average
• Contested (attorney fees): $5,000 – $20,000+
• Mediation: $100 – $250/hour (often split)

Do You Need a Lawyer?

You are not required to hire an attorney, but one is strongly recommended if you have children, own real estate, have retirement accounts, or if your divorce is contested.

Find a Divorce Lawyer Near You

• Top Divorce & DUI Lawyers in Huntington, WV
• Top Divorce & DUI Lawyers in Charleston, WV
• Top Divorce & DUI Lawyers in Morgantown, WV
• Top Divorce & DUI Lawyers in Wheeling, WV
• Top Divorce & DUI Lawyers in Princeton, WV

Helpful Resources

• WV Code Chapter 48 — Divorce Law
• WV Family Court System
• Legal Aid of West Virginia — Free Legal Help
• WV State Bar Lawyer Referral
• WomensLaw.org — WV Divorce Guide

This page is for informational purposes only and does not constitute legal advice. Always consult a licensed West Virginia attorney for advice specific to your situation.