What are the residency requirements for filing for divorce?

In West Virginia, the residency requirements for filing for divorce depends on why the spouse is filing for divorce. If the spouse is seeking a fault-based divorce, they must have been a resident for at least one year before filing. If the divorce is based on a voluntary separation of the spouses, one or both must have been a resident of West Virginia for at least two years before filing. If the divorce is based on a separation agreement, both spouses must have been residents of West Virginia for at least one year before filing. Regardless of the basis, it is important to note that the filing spouse must have been a resident of the county they are filing the divorce in for at least one year. For legal separation, one of the spouses must have been a resident of West Virginia for at least one year before filing in a West Virginia court. The residency requirement for annulment is also one year. However, if the annulment is for fraud or duress, the residency requirement is waived. In summary, the residency requirements for filing for divorce in West Virginia vary depending on the basis for the divorce. Generally, the filing spouse must have been a resident of the state and county they are filing in for at least one year. However, for some cases the residency requirement may be waived.

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