West Virginia Divorce



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West Virginia Divorce ~ Grounds For Divorce

The Petition for Divorce is the original document filed with the West Virginia court.  In this document the filing spouse will request the court to terminate the marriage under certain specified grounds.

A Petition for Divorce may be filed under these grounds :

~No-Fault Based Grounds :

1. Residing completely apart without cohabitation for at least one year.  The separation may be voluntary by one spouse or a mutual decision.

2. Irreconcilable differences between the two parties.

 

~Fault Based Grounds :

1. Reasonable proof of bodily harm

2. False accusation of adultery or homosexuality

3. Treatment or conduct that destroys or will destroy the mental or physical well being of the other spouse

4. Adultery

5. Conviction of a Felony

6. Incurable Insanity

7. Habitual Alcohol or Drug use

8. Willful neglect or abuse of souse or child

 

Source :  West Virginia Code - Sections: 48-5-202 and 48-5-209

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