If the marriage was entered into within West Virginia, an action for divorce is maintainable if one of the parties is a resident of this state at the time of filing for divorce, without regard to how long the party has lived in the state.
If the marriage was not entered into within this state, an action for divorce is maintainable if:
The court may order a divorce if the complaint alleges that irreconcilable differences exist between the parties and an answer is filed admitting that allegation. Other causes for divorce in West Virginia:
West Virginia is an equitable distribution state. In the absence of a valid agreement, the court shall presume that all marital property is to be divided equally between the parties, but may alter this distribution, without regard to fault to either party, after a consideration of the following:
The court in ordering a divorce may require either party to pay spousal support. The court shall consider the following factors in determining the amount of spousal support, if any, to be ordered:
A child support order is determined by dividing the total child support obligation between the parents in proportion to their income. Both parents' adjusted gross income is used to determine the amount of child support.
West Virginia uses guidelines for child support award amounts so as to ensure greater uniformity by those persons who make child support recommendations and enter child support orders and to increase predictability for parents, children and other persons who are directly affected by child support orders.
If the court finds that the guidelines are inappropriate in a specific case, the court may either disregard the guidelines or adjust the guidelines-based award to accommodate the needs of the child or children or the circumstances of the parent or parents. The following factors may be possible reasons for deviation:
http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=48&art=1 (West Virginia divorce laws)