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Same-Sex Divorce in West Virginia

Legal considerations for same-sex divorce in West Virginia. Property, custody, and unique challenges. West Virginia follows equitable distribution.

Property Type

Equitable

Filing Fee

$135–$200

Median Cost

$6,500–$26,000

Annual Divorces

8,000+

Understanding Same-Sex Divorce in West Virginia

West Virginia processes approximately 8,000+ divorces annually. Understanding your rights and options specific to West Virginia is essential before making decisions that will affect your finances and family for years to come.

West Virginia follows equitable distribution rules for dividing marital assets. The state allows both no-fault and fault-based divorce (fault grounds: Adultery, Cruel treatment, Desertion). Filing fees are $135–$200, with a residency requirement of 12 months.

The median cost ranges from $6,500 for uncontested cases to $26,000 for contested divorces. Under W. Va. Code §48-5-201, courts consider multiple factors when making decisions about property, support, and custody.

Common Questions

How long do you have to live in West Virginia to file for divorce?
West Virginia requires 12 months of residency before you can file for divorce. W. Va. Code §48-5-201 governs the filing requirements.
Is West Virginia a community property or equitable distribution state?
West Virginia follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in West Virginia?
Filing fees in West Virginia range from $135–$200. The median total cost is approximately $6,500 for uncontested divorces and $26,000 for contested cases.
How long does a divorce take in West Virginia?
West Virginia has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in West Virginia?
West Virginia uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about same-sex divorce in West Virginia and is not legal advice. Verify current statutes with W. Va. Code §48-5-201 or consult a licensed West Virginia attorney. Last reviewed March 2026.