West Virginia handles divorce through no-fault grounds like irreconcilable differences or one-year separation, prioritizing the child’s best interests in custody while using equitable distribution for assets. Courts decide alimony based on need, duration, and fault if relevant, shaping post-divorce finances without rigid formulas. These rules continue your exploration of state-specific legal frameworks from labor to family law.
Divorce Grounds
No-fault divorces require proving irreconcilable differences (mutual agreement) or living separately without cohabitation for one year, waivable in fault cases like adultery, cruelty, or abandonment. Fault grounds allow faster proceedings but may influence support awards. Uncontested cases with agreements speed resolution.
Child Custody Rules
Courts award shared parenting when feasible, evaluating factors like parental fitness, child preferences (age 14+), stability, and sibling bonds under the “best interests” standard. No gender preference exists; joint custody is common unless abuse or relocation interferes. Visitation plans emphasize frequent contact.​
Alimony Guidelines
Spousal support is discretionary, considering marriage length, earning capacity, health, contributions, and standard of living—temporary rehabilitative awards prevail over permanent ones. Fault (e.g., infidelity) can reduce or deny alimony for the at-fault spouse. Child support follows income-shares guidelines.
