About your State
If you were married in West Virginia, either spouse can file with no minimum residency duration. If you married elsewhere, you'll need a full year of West Virginia residency. There's no waiting period after filing, but the no-fault ground requires a full year of separation — something you can avoid by using a fault-based ground instead.
West Virginia uses equitable distribution with a presumption of an equal 50/50 split. These free forms can help you get organized and understand what paperwork West Virginia will expect from you.
Sourcing & Verification
• W.Va. Code § 48-5-105 (residency)
• W.Va. Code § 48-5-202 (1-year separation, no-fault ground)
• W.Va. Code § 48-7-101 (equitable distribution)
FAQ
How long does a divorce take in West Virginia?
With no post-filing waiting period, an uncontested West Virginia divorce (using a fault ground to skip the 1-year separation) can often finalize in 30 to 90 days.
Forms to help you along the way
Access your state's specific forms here.
The DIY Divorce resources and links to state-specific forms provided on DivorcePlus are for educational and informational purposes only.
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DIY Divorce Disclaimer
The DIY Divorce resources and links to state-specific forms provided on DivorcePlus are for educational and informational purposes only. These materials are not legal advice, and DivorcePlus does not guarantee, warrant, or represent that any form, instruction, or document is current, complete, accurate, or appropriate for your individual circumstances. Court requirements and legal procedures vary by state and may change without notice.
Using these resources does not create any contractual, attorney–client, or other relationship, and DivorcePlus is not responsible for any errors, omissions, or outcomes resulting from the use of DIY forms or guides. If you need legal advice or representation, you should consult a licensed attorney in your jurisdiction.
This is not a substitute for legal review. Divorce law details (fees, specific statutory citations, court procedures) can vary by state and county, and change over time. Consult with a licensed attorney in your state before filing.




