What are the residency requirements for divorce?

In West Virginia, residency requirements must be satisfied in order to file for divorce. This means that, usually, one of the spouses must have been a resident of West Virginia for at least one year prior to filing for divorce. In the event that the parties have been living separately for more than a year, then the residency requirement is waived. Another alternative to the residency requirement is if the grounds for divorce occurred in West Virginia. This means that one of the parties must have been a resident of the state for at least one year prior to the divorce filing. If you are not a resident of West Virginia but need to file for divorce, then you must consult with a family law attorney to determine if the court can exercise jurisdiction in your case. The law also requires that the defendant be a resident of West Virginia for at least 90 days prior to the filing of the complaint, or that they have substantial contact with the state. Finally, if the defendant is out of state, then the court may be able to serve the defendant with the divorce papers through a method called “publication service”. However, this must be authorized by the court before it can be used. Therefore, in order to file for divorce in West Virginia, the residency requirement must be met. Generally, this means that one of the parties must have been a resident of the state for at least one year before filing or that the grounds for the divorce occurred in West Virginia. Additionally, the defendant must have been a resident for at least 90 days or the court must authorize the use of publication service.

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What are the residency requirements for divorce?

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