One of the spouses must have been a resident of West Virginia for at least 1 year prior to filing for legal separation. In other cases, witnesses will be required. The court may approve or reject a marital settlement agreement of the spouses. Standard financial disclosure forms may be required to be filed. There are no legal provisions in West Virginia for divorce mediation or counseling.
Marital property is to be divided equally and without regard to any marital misconduct.
Either spouse may be ordered to provide the other spouse with alimony. The marital misconduct of the spouses will be considered and compared. Either parent may be awarded custody. There is a presumption in favor of the parent who has been the primary caretaker of the child. There are no other factors for consideration specified in the statute.