West Virginia Divorce Checklist
divorce.law/resources/divorce-checklist/west-virginia/
Prepared: 5/20/2026
Data updated: 3/1/2026
Estimated Timeline
45-90 days for uncontested divorces in West Virginia where both parties agree on all issues and the respondent admits irreconcilable differences. 6-12 months for contested divorces involving disputes over property division, custody, or support. West Virginia Trial Court Rule 16.06 sets a 6-month time standard for Family Courts to enter final decrees. There is no mandatory statutory waiting period after filing.
Documents to Gather
- Certified Marriage Certificate
- Birth Certificates for Minor Children(if applicable)
- Social Security Cards
- Valid Photo Identification
- Prenuptial or Postnuptial Agreement(if applicable)
- Protective Order or Domestic Violence Documentation(if applicable)
- Military Service Documents(if applicable)
Financial Documents
- Two Years of Complete Federal and State Tax Returns with W-2 Forms
- Most Recent Pay Stubs (Last 3 Months)
- Bank Statements for All Accounts (Last 6 Months)
- Retirement and Investment Account Statements
- Real Estate Deeds and Mortgage Statements
- Vehicle Titles and Loan Statements
- Credit Card and Debt Statements
- Insurance Policies
- Self-Employment Financial Statement(if applicable)
- Documentation of Extraordinary Expenses(if applicable)
Key Steps
1. Before Filing
- Verify Residency Requirements
- Determine Grounds for Divorce
- Gather Essential Personal and Financial Documents
- Assess Whether You Need a Fee Waiver
2. Filing Process
- Complete the Petition for Divorce and Required Forms
- File the Petition with the Circuit Clerk's Office
- Arrange Service of Process on Your Spouse
3. After Filing
- Wait for Your Spouse's Response
- Complete Mandatory Financial Disclosure
- Complete Parent Education Course (If Minor Children Are Involved)
- Attend Scheduling Conference and Comply with Scheduling Order
- Participate in Mandatory Mediation for Parenting Plan Disputes
- Negotiate a Settlement Agreement or Prepare for Trial
- Attend the Final Hearing and Obtain the Divorce Decree
Key Deadlines
Quick Reference
To file for divorce in West Virginia, you must first verify residency — if married in-state, either resident spouse can file immediately; if married out-of-state, one year of continuous residency is required under W. Va. Code § 48-5-105. File Form SCA-FC-101 (Petition for Divorce) along with Form SCA-FC-103 (Civil Case Information Statement), Form SCA-FC-104 (Vital Statistics Form), and Form SCA-FC-106 (Financial Statement) at the Circuit Clerk's Office in your county. The filing fee is $135.00 with fee waivers available through Form SCA-C&M201. Serve your spouse through sheriff ($30), certified mail ($20), private process server, or voluntary Acceptance of Service (Form SCA-FC-105). Your spouse has 30 days to file an Answer (Form SCA-FC-108). Both parties must complete full financial disclosure within 40 days under § 48-7-201. Cases with minor children require the $25 'Children in Between' parent education course and mediation for disputed parenting plans under § 48-9-202. West Virginia has no mandatory waiting period. Uncontested divorces typically finalize in 45-90 days; contested cases take 6-12 months under the 6-month time standard of Trial Court Rule 16.06.