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West Virginia Grounds for Divorce

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

A divorce may be ordered:

No-Fault Based Grounds:
(a) Living separate and apart without cohabitation for at least 1 year. The separation may be voluntary by one spouse or mutually agreed upon. (b) Irreconcilable differences between the two parties.

Fault Based Grounds:
(1) Reasonable apprehension of bodily harm; (2) False accusation of adultery or homosexuality; or (3) Conduct or treatment which destroys or tends to 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 spouse or child. (West Virginia Code - Sections: 48-5-202 and 48-5-209)