Grounds for Divorce in West Virginia:
Chapter 48, Article 5 of the West Virginia Code sets forth the grounds for divorce. While West Virginia does provide irreconcilable differences as valid grounds for a no-fault divorce, the court can only grant a no-fault divorce the allegation is admitted in an answer filed with the court. Other grounds for divorce in West Virginia are laid out below:
- Irreconcilable differences
(West Virginia Code, § 48-5-201)
- Living separate and apart in separate places of abode without any cohabitation and without interruption for one year. (West Virginia Code, § 48-5-202)
- Cruel or inhuman treatment by either party against the other. (West Virginia Code, § 48-5-203) Cruel or inhuman treatment includes, but is not limited to, the following:
- Reasonable apprehension of bodily harm
- False accusation of adultery or homosexuality
- Conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness and welfare of the other and render continued cohabitation unsafe or unendurable. It should be noted that it is not necessary to allege or prove acts of physical violence in order to establish cruel and inhuman treatment as a ground for divorce.
- Adultery (West Virginia Code, § 48-5-204)
- Conviction of crime (West Virginia Code, § 48-5-205)
- Permanent and incurable insanity (West Virginia Code, § 48-5-206)
- Habitual drunkenness or drug addiction (West Virginia Code, § 48-5-207)
- Desertion (West Virginia Code, § 48-5-208)
- Abuse or neglect of a child (West Virginia Code, § 48-5-209)
You can view the portions of the West Virginia Code regarding divorce here.