What are the grounds for divorce?

In West Virginia, a divorce can be granted based on fault-based or no-fault grounds. Fault-based grounds refer to one spouse causing the breakdown of the marriage. There are five fault-based grounds for divorce in West Virginia, which include adultery, extreme cruelty, voluntary separation, desertion, and confinement in a mental hospital. No-fault grounds refer to the dissolution of a marriage without one spouse having to prove wrongdoing. West Virginia recognizes no-fault grounds under the title of “irreconcilable differences.” This means that the marriage has broken down irretrievably and the parties are no longer able to reconcile or work together to resolve their differences. This ground for divorce does not require either spouse to point the finger of blame at the other. Additionally, West Virginia also recognizes the ground of living separate and apart for a period of at least one year. This requires parties to separate for a year without interruption before either might file for divorce. The separation must be a voluntary and mutual agreement between the spouses. It is important to note that, regardless of which ground is used to seek a divorce, someone filing for a divorce must be a resident of West Virginia for at least one year. This rule may be waived by the court in special circumstances.

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What are the grounds for divorce?

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