Divorce Checklist for West Virginia

West Virginia residency requirements depend on where your marriage took place under W. Va. Code § 48-5-105. If you married in West Virginia, either spouse who is a bona fide resident of the state may file for divorce immediately with no minimum residency period required. If your marriage took place outside West Virginia, one spouse must have been a bona fide resident when the cause of action arose or have become a resident afterward, and that residency must have continued uninterrupted for one full year immediately preceding the filing date. You must establish residency in the county where you intend to file by providing documentation such as a West Virginia driver's license, voter registration card, or utility bills showing your current in-state address. The circuit clerk's office in your county will verify residency at the time of filing, and failure to meet the residency requirement can result in dismissal of your case.

West Virginia recognizes both no-fault and fault-based grounds for divorce under W. Va. Code § 48-5-201 and § 48-5-202. The most common no-fault ground is irreconcilable differences, which requires the respondent to admit the allegation in their Answer for the court to grant the divorce without additional corroboration. If your spouse will not agree to irreconcilable differences, you may alternatively file on the ground of voluntary separation, which requires living separate and apart without cohabitation for one continuous year under § 48-5-202. Fault-based grounds include adultery, cruel or inhuman treatment, habitual drunkenness or drug addiction, conviction of a felony, abandonment for six months, and abuse or neglect of a child. Choosing your grounds affects the procedural path of your case, so evaluate which ground applies to your situation before drafting your petition.

Before filing your divorce petition, compile all critical personal and financial records you will need throughout the proceedings. Under W. Va. Code § 48-7-201, both parties must fully disclose their assets and liabilities within 40 days after service of the summons, so gathering these documents early saves significant time. Collect your certified marriage certificate, birth certificates for any minor children, and Social Security cards for all family members. Assemble two years of complete federal and state income tax returns with W-2 forms, recent pay stubs showing gross income and deductions, bank statements for all accounts, retirement account statements, real estate deeds, vehicle titles, insurance policies, and documentation of all debts including mortgages, credit cards, and loans. Organize these records chronologically and make copies, as originals should be stored securely. Having documents ready before filing prevents delays in meeting court-imposed disclosure deadlines.

The West Virginia divorce filing fee is $135.00 as established by W. Va. Code § 59-1-11, with additional costs for service of process (approximately $30 for sheriff service) and a mandatory $25 parent education course if minor children are involved. If you cannot afford these fees, West Virginia allows you to apply for a fee waiver by completing the Financial Affidavit and Application for Eligibility for Waiver of Fees, Form SCA-C&M201. This form requires you to disclose your income, expenses, assets, and debts under oath to demonstrate financial hardship. The circuit clerk's office reviews your application and determines eligibility based on your financial circumstances. If approved, the filing fee, service fees, and parent education course fees may all be waived. You must file the fee waiver application simultaneously with your divorce petition, as the clerk will not accept your filing without either the fee payment or an approved waiver. Prepare supporting documentation such as proof of public assistance, recent pay stubs, or a letter of unemployment.

Download the official divorce forms from the West Virginia Judiciary website at courtswv.gov/public-resources/court-forms/divorce-forms. The core form packet starts with Form SCA-FC-100, the Petitioner's Divorce Packet Instructions, which guides you through each required document. Complete Form SCA-FC-101, the Petition for Divorce, which is your formal complaint stating grounds for divorce and the relief you are requesting, including property division, spousal support, and child custody if applicable. Complete Form SCA-FC-103, the Petitioner's Civil Case Information Statement, providing personal information about both parties and listing any minor children. Complete Form SCA-FC-104, the Vital Statistics Form, which provides information required by the state registrar. Complete Form SCA-FC-106, your Financial Statement, disclosing all income, assets, and liabilities. If minor children are involved, also complete Form SCA-FC-121, the Family Court Parenting Plan, and Form SCA-FC-113, the BCSE Application for Child Support Enforcement.

Take your completed divorce forms to the Circuit Clerk's Office in the county where you or your spouse resides. West Virginia divorces are filed in Family Court through the county Circuit Clerk under the jurisdiction provisions of W. Va. Code § 48-5-105. Present your original Petition for Divorce (Form SCA-FC-101) along with all required accompanying forms and pay the $135.00 filing fee established by W. Va. Code § 59-1-11. If you are filing a fee waiver application (Form SCA-C&M201), submit it at the same time. The clerk will stamp all documents with the case number and filing date, retain the originals for the court file, and return file-stamped copies to you. Keep your file-stamped copies in a secure location, as you will need them for service of process and all future proceedings. The clerk will also issue a summons directing your spouse to respond within the required timeframe. You are not legally divorced at this point — filing only initiates the legal proceedings.

After filing, you must formally serve your spouse with the divorce petition and summons according to West Virginia Rules of Civil Procedure. You have four options for service: sheriff service, where a county deputy sheriff delivers the papers to your spouse for approximately $30; certified mail with restricted delivery and return receipt requested for approximately $20; a private process server who is at least 18 years old and not a party to the case; or voluntary Acceptance of Service using Form SCA-FC-105, which your spouse signs before a Notary Public. Under West Virginia Rules of Civil Procedure Rule 4(l), if service is not completed within 120 days after filing the complaint, the court may dismiss your case without prejudice. For sheriff service, provide the clerk with your spouse's home or work address and precise directions. You may not personally serve the papers on your spouse. After service is completed, file the proof of service or signed Acceptance of Service with the Circuit Clerk's Office immediately.

After your spouse is served, they have 30 days to file an Answer to the Divorce Petition using Form SCA-FC-108, as established by the updated West Virginia Rules of Civil Procedure Rule 12 effective January 1, 2025. Along with the Answer, the respondent must also file Form SCA-FC-114 (Respondent's Civil Case Information Statement), their own Form SCA-FC-106 (Financial Statement), and Form SCA-FC-113 (BCSE Application) if minor children are involved. If your spouse was served through voluntary Acceptance of Service (Form SCA-FC-105), the 20-day response period runs from the date the form was signed. If your spouse fails to file an Answer within the deadline, you may request a default judgment by filing a motion with the court. The court can then proceed to hear your case and enter orders on all issues even without your spouse's participation, provided proper service was completed. Monitor the case docket through the circuit clerk's office to confirm whether an Answer has been filed.

Under W. Va. Code § 48-7-201, both parties must fully disclose all assets and liabilities within 40 days after service of the summons or at such earlier time as the court orders. Each party files Form SCA-FC-106, the Financial Statement approved by the Supreme Court of Appeals, listing all income sources, real and personal property, bank accounts, retirement accounts, debts, and monthly expenses. In cases involving minor children or spousal support claims, you must also provide copies of your two most recent years of complete federal tax returns with W-2 forms, your most recent pay stub showing gross pay and all deductions, and documentation of extraordinary expenses such as medical costs, childcare expenses, and special-needs expenditures. Self-employed parties must provide a current financial statement showing gross income, business expenses, and net income. Updated financial disclosures must be served on the opposing party at least 5 days before the first hearing, and deliberate failure to provide complete disclosure constitutes false swearing under West Virginia law.

West Virginia requires both parents to complete a court-approved parent education course in all divorce cases involving minor children, as mandated by W. Va. Code § 48-9-202 and the Family Court Rules of Practice and Procedure. The Supreme Court of Appeals has approved the online 'Children in Between–Online' course offered through The Center for Divorce Education at divorce-education.com, which costs $25 per parent. The course educates parents about the negative effects of divorce on children, ways to minimize those effects, the impact of domestic abuse on children, and available resources including mediation and non-judicial dispute resolution methods. Both parents must complete the course and file a certificate of completion with the circuit clerk before any mediation or, if mediation is not required, before the final hearing. If either parent fails to complete the course on time, the court may halt proceedings and enter a scheduling order requiring completion before the next hearing date. The fee may be waived if you qualify for a fee waiver.

The Family Court will issue a scheduling order within 45 days of the initial pleading, establishing deadlines for all remaining steps in your divorce proceeding. Under the West Virginia Rules of Practice and Procedure for Family Court, the scheduling order will set dates for temporary hearings if needed, parent education completion deadlines, premediation screening, mediation sessions, updated financial disclosure filings, witness and exhibit list submissions, and the final hearing date. West Virginia Trial Court Rule 16.06 establishes a time standard requiring Family Courts to aim for final decree entry within 6 months of filing. You must attend all scheduled hearings and conferences on time and fully prepared, as failure to appear can result in the court ruling against you on pending matters. If you need temporary orders regarding child custody, child support, spousal support, or use of the marital home while the divorce is pending, request them at the scheduling conference or by filing a motion for temporary relief.

If you and your spouse have minor children and cannot agree on a parenting plan, W. Va. Code § 48-9-202 requires the court to order mediation unless premediation screening indicates it is inappropriate due to domestic violence, child abuse, substance abuse, or mental illness. Within 5 days after the court determines there is no agreed parenting plan, both parties will be ordered to complete a premediation screening process within 14 days. The screening involves separate, private meetings with a court-appointed screener who evaluates whether mediation is safe and appropriate for both parties. If screened into mediation, the court assigns a mediator within 5 days and sets a date for mediation to begin. Mediation fees are assessed on a sliding scale based on each parent's financial circumstances, and fee waivers are available. During mediation, discussions are limited to parenting plan issues — custody schedules, decision-making responsibility, and dispute resolution provisions as required by W. Va. Code § 48-9-205. The mediator cannot make recommendations to the court, and all disclosures during mediation are confidential except for credible reports of domestic violence or child abuse.

After completing financial disclosure and any required mediation, attempt to negotiate a comprehensive settlement agreement covering property division, spousal support, child custody, and child support. Under W. Va. Code § 48-7-101, West Virginia presumes equal division of marital property, and the court may alter this distribution based on factors outlined in § 48-7-103, including each party's monetary and non-monetary contributions and any dissipation of marital assets. If you reach a full agreement, draft a written separation agreement covering all issues and submit it to the court for approval at the final hearing. The court will review the agreement to ensure it is knowing, voluntary, and in the best interests of any children. If you cannot reach agreement, your case will proceed to a contested hearing where the Family Court judge will hear testimony, review evidence, and make determinations on all disputed issues. Prepare your witness list, exhibit list, and updated financial disclosures by the deadlines in the scheduling order, and file them with the court as required.

The final hearing is held before a Family Court judge in your county courthouse. For uncontested cases where both parties agree on all issues, the hearing may be brief — the judge will review your separation agreement, confirm both parties understand and voluntarily agree to its terms, verify all required forms and disclosures have been filed, and may grant the divorce at that first hearing. For contested cases, the judge will hear testimony from both parties and any witnesses, review financial evidence, and make rulings on property division under W. Va. Code § 48-7-101 through § 48-7-105, spousal support, child custody, and child support. You are not legally divorced until the Family Court judge signs a written Final Divorce Order. Under WV Trial Court Rule 16.06, courts aim to enter final decrees within 6 months of filing. After the Final Order is signed, obtain certified copies from the circuit clerk for your records, as you will need them to update your name, financial accounts, insurance policies, and other legal documents.