A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In West Virginia, the residency requirement for filing for divorce is that one of the spouses must be a resident of the state at the time of filing. There is no specific duration of residency required by state law before one can file for divorce. However, the person filing for divorce (the petitioner) must file in the county where they or their spouse live. If the couple has minor children, the divorce may need to be filed in the county where the children reside, especially if it is different from the county of the parents. The relevant laws and requirements for filing for divorce in West Virginia can be found in the state's domestic relations statutes, which outline the process and grounds for divorce, as well as any additional requirements that must be met.