Divorce may be defined as the legal termination of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like West Virginia generally grant divorces because forcing a couple to stay married would be against public policy.

“No-fault” and “fault” are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only viable grounds for divorce, even if fault grounds exist within the marriage. The other states, including West Virginia, allow the parties to choose either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, provides a comprehensive overview of divorce and separation law in the United States.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of states currently permit some variety of it. A no-fault divorce is one in which the members of a couple do not legally fault, or blame, one another for the divorce. Some examples of the bases for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot generally impede a no-fault divorce, simply because when one spouse wants a divorce and the other spouse does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. In West Virginia, the no-fault grounds for divorce include irreconcilable differences and a one year voluntary separation.

Many states require a “cooling-off” period of separation for a certain period of time before no-fault divorce proceedings can commence. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law. In Washington, there is no statutory cooling-off period.

Some states also allow fault grounds for divorce. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In West Virginia, the fault grounds for divorce are reasonable apprehension of bodily harm, false accusation of adultery or homosexuality, conduct or treatment which destroys the mental or physical well-being, or the happiness and welfare of the other spouse and renders continued cohabitation unsafe or unendurable, adultery, felony conviction, permanent and incurable insanity, habitual drunkenness or drug abuse, and willful neglect or abuse of spouse or child.

To obtain a divorce in West Virginia, at least one of the spouses must have been a resident of the state for at least one year prior to filing. If the marriage was entered into in West Virginia and either one of the spouses is a resident when filing for divorce, then there is no residency time requirement. The legal process begins when the filing spouse files a complaint for divorce in the appropriate West Virginia circuit court. For a summary of divorce law in West Virginia, go to divorcesource.com.

Divorce laws in general, as well as the particular grounds required for divorce vary widely across the United States. The American Bar Association provides a variety of information pertaining to divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including West Virginia, can be found at abanet.org.

*An example of a West Virginia Divorce Settlement Agreement can be seen on Free Legal Aid.