Filing for divorce in West Virginia without an attorney costs $135-$175 in court fees. You must meet the residency requirement of 1 year in West Virginia (or married in WV). West Virginia is a equitable distribution state with a None (no-fault requires 1 year separation) waiting period. An uncontested divorce typically takes 2-4 months (after separation). Victoria AI guides you through every step with West Virginia-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | $135-$175 (Filing fees vary by county: typically $135-$175. Check with your county circuit clerk for exact fees.) |
| Residency Requirement | 1 year in West Virginia (or married in WV) |
| Waiting Period | None (no-fault requires 1 year separation) |
| Property Division | Equitable Distribution (fair, not equal) |
| Grounds for Divorce | Irreconcilable differences (1 year separation), Adultery, Conviction of felony, Abandonment for 6 months, Cruel treatment, Drug addiction, Permanent insanity for 3 years, Abuse of child |
| No-Fault Only? | No (fault grounds available) |
| Uncontested Timeline | 2-4 months (after separation) |
| Contested Timeline | 6 months to 2 years |
| Fee Waiver Available? | Yes |
To file for divorce in West Virginia, you must meet the following residency requirement: 1 year in West Virginia (or married in WV).
At least one spouse must have been a bona fide resident of West Virginia for 1 year before filing. Exception: If you were married in WV, either spouse can file if they're a resident at the time of filing.
Tip: Victoria AI can help you determine if you meet West Virginia's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in West Virginia without an attorney. Victoria AI guides you through each step with state-specific instructions.
At least one spouse must have been a bona fide resident of West Virginia for 1 year before filing. Exception: If you were married in WV, either spouse can file if they're a resident at the time of filing.
Download the official West Virginia divorce forms: Petition for Divorce, Family Court Case Information Sheet, Financial Statement. All forms are available from the West Virginia courts website.
Fill out the divorce petition (SCA-FC-100) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the West Virginia court and pay the filing fee of $135-$175. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to West Virginia rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by West Virginia law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
No mandatory waiting period after filing, but for no-fault divorce based on living 'separate and apart,' you must be separated for at least 1 year. Fault divorces can be filed immediately.
Submit your final judgment to the court. For uncontested divorces in West Virginia, this typically takes 2-4 months (after separation). The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in West Virginia. Victoria AI guides you through completing each form correctly.
Initiates the case
Basic case information
Financial disclosure
Final decree
The filing fee to start a divorce in West Virginia is $135-$175. Filing fees vary by county: typically $135-$175. Check with your county circuit clerk for exact fees.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | $135-$175 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | $300-$1,200 (uncontested DIY) |
If you cannot afford the filing fee, West Virginia offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in West Virginia, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. West Virginia courts are strict about service requirements.
West Virginia is a equitable distribution state.
West Virginia is an equitable distribution state. Only marital property is subject to division. The court considers contributions, duration, and economic circumstances to divide property fairly.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how West Virginia law applies to your specific property.
West Virginia uses the Income shares model.
West Virginia uses the income shares model. Child support is calculated based on both parents' adjusted gross incomes using the WV Child Support Guidelines.
Understanding the timeline helps you plan and set realistic expectations for your West Virginia divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the $135-$175 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
None (no-fault requires 1 year separation) - No mandatory waiting period after filing, but for no-fault divorce based on living 'separate and apart,' you must be separated for at least 1 year. Fault divorces can be filed immediately.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
1-year separation for no-fault divorce
Married-in-WV exception to residency
Family Court handles most divorces
Both fault and no-fault available
Lower filing fees than many states
6-month abandonment qualifies as fault
Common questions about filing for divorce in West Virginia without an attorney.
Get 24/7 guidance specific to West Virginia's forms, procedures, and requirements.
West Virginia-specific forms
Guidance through every required form
Financial disclosure wizard
Complete your financial affidavit step-by-step
Child support calculator
Using West Virginia's exact guidelines
AI document drafting
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Evidence notebook
Organize and categorize case documents
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Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.
All West Virginia divorce information verified from official state court sources.
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