Divorce Resources in West Virginia: Court Forms, Legal Aid & Filing Guide

To file for divorce in West Virginia, you must meet the residency requirements under W. Va. Code §48-5-105. If your marriage took place in West Virginia, either spouse must be a bona fide resident at the time of filing with no minimum duration required. If your marriage occurred outside West Virginia, one spouse must have been a continuous, uninterrupted resident for at least one year immediately preceding the filing date. You file the Petition for Divorce (Form SCA-FC-101) in the family court of the county where either spouse lives or where the couple last lived together. The filing fee is $135, payable to the Circuit Clerk at the time of filing.

When you file the Petition for Divorce, you must simultaneously file three additional documents: the Petitioner's Civil Case Information Statement (Form SCA-FC-103), the Information Requested by Division of Vital Statistics (Form SCA-FC-104), and the Financial Statement (Form SCA-FC-106). Under W. Va. Code §48-5-501, the Financial Statement must also be served on the opposing party. If your case involves minor children or spousal support, you must attach to the Financial Statement your most recent pay stub, two years of federal tax returns with W-2 forms, and documentation of extraordinary medical or child care expenses. For every document you file, you need three copies: the original for the clerk, one copy for service on the opposing party, and one copy for your own records.

After filing, you must serve the respondent with a copy of the Petition and all filed documents. Service can be accomplished through the county sheriff for a $30 service fee, or the respondent can sign an Acceptance of Service (Form SCA-FC-105) waiving formal service. If the respondent lives outside West Virginia or cannot be located, you must file an Affidavit of Out-of-State or Unknown Residency (Form SCA-FC-110) and obtain an Order of Publication (Form SCA-FC-111) under W. Va. Code §48-5-106. To obtain a no-fault divorce on the ground of irreconcilable differences under W. Va. Code §48-5-201, the respondent must file an Answer admitting irreconcilable differences. West Virginia requires no corroboration of irreconcilable differences or of jurisdiction.

If your divorce involves minor children, additional requirements apply under W. Va. Code §48-9-104. Both parents must complete a mandatory Parent Education Class, with the approved online course "Children in Between" costing $25 per parent, and file a Certificate of Completion with the Circuit Clerk before the first hearing. You must also file an Application for Child Support Enforcement and Income Withholding Services with the Bureau for Child Support Enforcement alongside your Petition. Each parent must file a Proposed Parenting Plan (Form SCA-FC-121) before the first hearing under W. Va. Code §48-9-201. If the parents cannot agree on a joint plan, the court will order mediation under W. Va. Code §48-9-202 unless domestic violence, substance abuse, or other exceptions apply.

West Virginia requires both parents to complete a mandatory Parent Education Class in all divorce cases involving minor children under W. Va. Code §48-9-104. The family court issues an order requiring attendance unless the court determines that attendance is not appropriate or necessary based on the conduct or circumstances of the parties. The Administrative Office of the Supreme Court of Appeals of West Virginia has approved the online course "Children in Between–Online" offered through The Center for Divorce Education to satisfy this requirement. The fee is $25 per parent, capped by statute, and the court must waive the fee for indigent parties. Parents must file a Certificate of Completion with the Circuit Clerk before the first hearing. The court may impose sanctions for failure to attend, and non-completion can delay proceedings.

West Virginia requires mediation in divorce cases involving minor children when parents cannot agree on a parenting plan, under W. Va. Code §48-9-202. The family court must inform parents about mediation and other nonjudicial procedures designed to help them reach an agreement. If the parents remain unable to resolve parenting issues, the court shall order mediation unless the court determines mediation is inappropriate in the particular case. Exceptions include cases involving a history of domestic violence, child abuse or neglect, substance abuse, mental illness, or a significant power imbalance. Every family court office provides pre-mediation screening to assess these factors. Mediation must typically begin promptly and conclude within 45 days or by the next hearing date. Mediation costs are assessed on a uniform sliding scale based on each parent's financial circumstances, and the court may require the higher-earning parent to pay some or all of the other parent's mediation expenses.

Both parties in a West Virginia divorce must complete and file the Financial Statement (Form SCA-FC-106) with the Circuit Clerk's Office at the time of filing, as required by W. Va. Code §48-7-101 and the Rules of Practice and Procedure for Family Court. A copy must be served on the opposing party. The Financial Statement requires full disclosure of income, real estate, vehicles, bank accounts, retirement accounts, stocks, insurance, debts, and monthly living expenses. In cases involving minor children or spousal support, the Financial Statement must be accompanied by: (1) the most recent pay stub showing gross pay, deductions, and net pay; (2) complete federal income tax returns and W-2 forms for the two years preceding filing; (3) current financial statements for self-employed parties; and (4) receipts for extraordinary medical or child care expenses. All financial information must be supplemented or updated within 40 days after service, and no later than 5 days before the first hearing if no scheduling order exists. Deliberately failing to disclose or providing false information constitutes the crime of false swearing. The court may proceed based solely on the filing party's information if the other party fails to comply.