Does West Virginia have Jurisdiction for your divorce?

In an action for divorce at least one of the spouses must have been a resident of the state for at least 1 year, except if the marriage took place in West Virginia, the 1 year residency requirement is waived.  The divorce shall be filed as follows:

(a) If the respondent in an action for divorce is a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the respondent resides.

(b) If the respondent in an action for divorce is not a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the petitioner resides.

If you have minor children living with your spouse in another state for over six months then you should consider filing in that state as that court has jurisdiction over the children. Your spouse can waive that jurisdiction in writing.

 

You should file the divorce in the county where you presently reside, or in the County where your spouse resides, if she lives in another County. You or your spouse must have an West Virginia address in the county where you are filing your divorce. West Virginia civilian residents living overseas may file in West Virginia if they have maintained their residency in West Virginia.