West Virginia Divorce ~ Residency Requirements
You must make sure the Circuit Court has jurisdiction over your case before filing a divorce petition in West Virginia. Meeting residency requirements is the most common way spouses are eligible to use a specific court system. Meeting the West Virginia residency requirements is usually only an issue for a spouse who has recently moved or is planning to move in the near future.
The filing requirements are as follows :
One of the spouses must have West Virginia residency for at least one year for a petition of divorce, except if the marriage took place in West Virginia in which the one year residency requirement would be waived.
The divorce will be filed :
1. If the respondent in a petition for divorce is a resident of West Virginia, the petitioner has an option to bring the action in the county where the respondent currently resides.
2. If the respondent in a petition for divorce is not a resident of West Virginia, the petitioner has an option to bring the petition to the county where the parties last cohabited or in the county where the petitioner currently resides.
Source : West Virginia Code - Sections : 48-5-201