West Virginia Divorce Laws: Residency, Waiting Period, Custody and Support
West Virginia divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for West Virginia
- Residency requirement
- If the marriage took place in West Virginia, a divorce can be filed if either spouse is a good-faith West Virginia resident when the case starts, with no minimum time. W. Va. Code §§ 48-5-105, 48-5-106
- Waiting period
- The statutes reviewed set no mandatory cooling-off period after filing. The respondent generally has 20 days after service (30 days after first publication, if served by publication) to file an answer. Supreme Court of Appeals of West Virginia, Petitioner's Divorce Packet Instructions (SCA-FC-100); W. Va. Code §§ 48-5-201, 48-5-202
- Dividing property
- West Virginia uses equitable distribution with a starting rule of equal division: the court divides marital property equally unless an exception in the law applies. W. Va. Code §§ 48-7-101, 48-1-233, 48-1-237
- Filing fee
- The fee to file a divorce petition is $135. Service by the sheriff costs $30, or service by certified mail costs $20. If you cannot afford the fees, ask a deputy circuit clerk for an affidavit to waive fees and court costs. W. Va. Code § 59-1-11(a)(3); Petitioner's Divorce Packet Instructions (SCA-FC-100)
- When child support ends
- Child support normally ends when the child turns 18. A support order must continue payments past 18 while the child is unmarried, lives with a parent, guardian or custodian, and is enrolled full time in a secondary school or vocational program, but not past the child's 20th birthday. W. Va. Code § 48-11-103
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | If the marriage took place in West Virginia, a divorce can be filed if either spouse is a good-faith West Virginia resident when the case starts, with no minimum time. If the marriage took place elsewhere, one spouse must have been a resident when the grounds arose (or since then) and for the full year immediately before filing. Special rules apply to divorces based on adultery. The case may be filed in the county where the spouses last lived together or where the respondent lives (or where the petitioner lives if the respondent is not a resident). |
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| Grounds for divorce | No-fault grounds are irreconcilable differences (the respondent's answer must admit them) and living separate and apart without cohabitation for one year. Fault grounds are cruel or inhuman treatment, adultery, conviction of a felony, permanent and incurable insanity with at least three years of confinement, habitual drunkenness or drug addiction, willful abandonment or desertion for six months, and abuse or neglect of a child. |
| Waiting period | The statutes reviewed set no mandatory cooling-off period after filing. The respondent generally has 20 days after service (30 days after first publication, if served by publication) to file an answer. A divorce for irreconcilable differences requires the respondent's answer admitting them, and the one-year separation ground requires a year of living apart. If no issues are disputed, the court may make the first hearing the final hearing if both parties agree. |
| Filing fee | The fee to file a divorce petition is $135. Service by the sheriff costs $30, or service by certified mail costs $20. If you cannot afford the fees, ask a deputy circuit clerk for an affidavit to waive fees and court costs. Each parent of minor children also pays a $25 parent education fee unless fees are waived. |
| Uncontested or simplified divorce | West Virginia has no separate summary procedure, but a divorce for irreconcilable differences is granted when the petition claims them and the respondent's answer admits them; no corroborating proof is required, and the court may approve, modify or reject the parties' agreement. At least one party must attend the final hearing. If no issues are disputed, the first hearing may become the final hearing with both parties' agreement. If the spouses have a separation agreement, the court divides property under it unless it was obtained by fraud or duress, is unenforceable, or was inequitable when signed. |
| Divorce forms | The West Virginia Judiciary posts statewide divorce forms. The petitioner's packet includes instructions (SCA-FC-100), the Petition for Divorce (SCA-FC-101) and the Petitioner's Civil Case Information Statement (SCA-FC-103), plus forms used by either spouse: Information for the Division of Vital Statistics (SCA-FC-104), Acceptance of Service (SCA-FC-105), Financial Statement (SCA-FC-106), Servicemembers Civil Relief Act waiver (SCA-FC-115) and Certificate of Service (SCA-FC-314). The respondent's packet includes instructions (SCA-FC-100A), the Answer to Divorce Petition (SCA-FC-108) and the Respondent's Civil Case Information Statement (SCA-FC-114). Forms for out-of-state or unknown residency and publication are also provided. |
Property and alimony
| Dividing property | West Virginia uses equitable distribution with a starting rule of equal division: the court divides marital property equally unless an exception in the law applies. Marital property is all property and earnings acquired by either spouse during the marriage regardless of how it is titled, plus increases in value of separate property caused by marital funds or either spouse's work. Separate property includes property acquired before marriage, by gift or inheritance, in exchange for premarital separate property, under a valid agreement, or after separation, and passive (market) growth of separate property. |
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| Alimony (spousal support) | There are four kinds of spousal support: permanent, temporary (while the case is pending), rehabilitative (for a limited time to allow the recipient to become employed), and spousal support in gross. Support can be ordered only if the spouses are actually living apart. The court considers factors including the length of the marriage, the time actually lived together, each party's income and earning ability, the property division, and others, and must also consider and compare each spouse's fault or misconduct as a contributing factor to the breakdown of the marriage. |
Children: custody and support
| Child custody | Unless the parents agree or it would harm the child, the court must allocate custodial responsibility so that the child's time with each parent is equal (50-50), except as limited by the parenting plan considerations in § 48-9-209 (such as abuse or other harmful conduct). The court may give weight to consensual temporary agreements the parents made after separating, and must explain its decision in written findings after a final hearing. The court may interview the child in chambers or have someone else interview the child. The statutes read do not state a fixed age at which a child's preference controls or is given extra weight. |
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| Emergency and temporary custody | During a divorce, a parent asks for temporary custody by filing and serving a verified proposed temporary parenting plan by motion; the family court enters a temporary parenting order at the hearing, and the statute has no provision for entering it without a hearing. A parent denied equal or any physical custody in a temporary order may file an interlocutory appeal, which the Intermediate Court of Appeals must review on an expedited basis. When there is clear and convincing evidence of immediate and present danger of abuse to a petitioner or minor children, a magistrate can enter an emergency protective order on a verified petition, and the family court must schedule a final hearing within 10 days. Emergency protective orders: https://code.wvlegislature.gov/48-27-403/ |
| Parenting class or mediation | Yes. The family court must order the parties in a divorce involving minor children to attend a parent education class unless the court decides attendance is not appropriate or necessary. Each parent pays a fee of up to $25 (the court waives it for parties found indigent), and the divorce packet instructions say to try to complete the class before the first hearing. The court may also order classes in paternity, separate maintenance or modification cases. |
| Grandparents' rights | A grandparent may seek visitation by motion in a pending divorce, custody or similar case, or by a separate petition. The court must grant reasonable visitation if it finds visitation is in the child's best interests and would not substantially interfere with the parent-child relationship. Factors include the child's age, the child-grandparent relationship, the parents' relationship with the grandparent, time since last contact, the effect on the parent-child relationship, the parents' custody arrangement, schedules, the grandparent's good faith, any history of abuse or neglect, and whether the child has lived with the grandparent or the grandparent was a significant caretaker. |
Child support
| Child support | West Virginia uses the income shares formula. Both parents' adjusted gross income is used, and the total child support obligation is divided between them in proportion to their incomes. The amount depends on the number of children, the time the children spend with each parent, both parents' gross income, child-related expenses and other children of either parent. The guideline amount is presumed correct. The Bureau for Child Support Enforcement links to the statutory worksheets but not to an official state calculator. |
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| How to apply for child support | Parents can apply for services from the Bureau for Child Support Enforcement (BCSE) online through the WV PATH portal (an email address, PATH account and Social Security number are needed), or by completing a paper application, signing it, and giving it to the nearest child support office. BCSE states there is no fee for child support services. Online portal: https://wvpath.wv.gov. BCSE customer service: 1-800-249-3778. |
| When child support ends | Child support normally ends when the child turns 18. A support order must continue payments past 18 while the child is unmarried, lives with a parent, guardian or custodian, and is enrolled full time in a secondary school or vocational program, but not past the child's 20th birthday. The statute leaves in place existing case law on support past 18 for a child with a disability. Source: W. Va. Code § 48-11-103 |
| Changing a child support order | A court may modify a support order when there is a substantial change in circumstances; if applying the guidelines would produce an amount more than 15% different from the current order, that counts as a substantial change. A motion can be filed by either parent, another lawful custodian or guardian, or BCSE, and the Supreme Court of Appeals provides a standard petition form available from circuit and family court clerks. Through BCSE, either party can ask for a review three years after the order took effect, or sooner if a substantial change in circumstances can be shown, at the local BCSE office in the county handling the case. Only a judge's order can reduce or stop the payments. BCSE review page: https://bcse.wv.gov/bcse-parents/modification-of-child-support-orders |
| If child support isn't paid | Support orders include mandatory wage withholding, and unpaid support can be collected through income withholding. Unpaid support can become a lien on real property by operation of law. BCSE must send notice of possible action against a parent's license (denial, nonrenewal, suspension or restriction) when the arrears equal at least six months of support, when court-ordered medical support has gone unpaid for six months, or when the parent has ignored subpoenas or warrants in a support or paternity case. A court can also hold a parent in contempt for willful failure or refusal to pay support, which can lead to jail. Article 14 (enforcement) section list: https://code.wvlegislature.gov/48-14/ |
| State child support agency | West Virginia's child support agency is the Bureau for Child Support Enforcement (BCSE). It establishes paternity, establishes child support, and enforces child and spousal support. Apply through the BCSE Application for Services page; payments can be made through the Make a Payment page, and existing payments can be checked online. Customer Service Unit: 1-800-249-3778 or 304-558-4665 (8:30 a.m. to 5 p.m., Monday through Friday). Phone from BCSE Customer Service page: https://bcse.wv.gov/bcse-parents/customer-service |
| Official child support calculator | The West Virginia Bureau for Child Support Enforcement (BCSE) explains that the state uses the Income Shares Support Formula (West Virginia Code chapter 48, article 13) to set child support, based on the number of children, time spent with each parent, both parents' gross income, child-rearing expenses, other children and other circumstances. BCSE links the official Basic Shared Parenting Worksheet (W. Va. Code 48-13-401) and Extended Shared Parenting Worksheet (48-13-502). The next review of the guidelines is scheduled for 2026. |
Separation, annulment, records and marriage
| Legal separation | Yes, through an action for separate maintenance, filed in the family court of any county where a divorce could be filed, whether or not a divorce is also requested. Separate maintenance may be ordered if the requesting spouse has grounds for divorce, or if the other spouse, without good cause, has failed to provide suitable support or has abandoned or deserted the requesting spouse. |
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| Annulment | A marriage is voidable, and can be annulled by court order, when: a spouse was still married to someone else; the spouses are too closely related by blood or marriage; at the time of the marriage a party was mentally incompetent, had a sexually transmitted disease, was incurably impotent, was under the age of consent, or had a prior conviction for a crime punishable by more than one year in prison unknown to the other; or the wife was pregnant by another man without the husband's knowledge. A marriage is presumed valid unless clearly proved otherwise. |
| Common-law marriage | No. Every marriage in West Virginia must be solemnized under a marriage license issued by a county clerk; a marriage ceremony performed without a license is void, and the parties do not become legally married. Source: W. Va. Code § 48-2-101 |
| Changing your name after divorce | When ordering a divorce, the court must, if either party asks, allow that party to resume the name used before the marriage without filing a separate name-change petition. The court also issues a one-page certified certificate of divorce showing the name change, which can be used as proof of the legal name change, including at the Division of Motor Vehicles. Source: W. Va. Code § 48-5-613 |
| Divorce records | The West Virginia Vital Registration Office describes itself as the state's official repository of birth, death, marriage and divorce records. However, its certificate request page lists certified copies only for births, deaths, marriages and stillbirths ($12 per copy) and does not describe ordering divorce records. Contact Vital Registration or the circuit clerk in the county where the divorce was granted to ask about copies. |
Marriage and name changes
| Getting a marriage license | Apply to the clerk of the county commission in any West Virginia county, regardless of where you live. Both parties sign the application under oath before the clerk (or another person who can administer oaths), giving full names, Social Security numbers (or a visa or equivalent number for a legal alien without one), dates and places of birth and addresses. The clerk must see proof of age, such as a certified birth certificate, a voter registration certificate, a driver's license, or other good and sufficient evidence. The former waiting-period section has been repealed. The license fee is $55, reduced to $35 for couples who present a premarital education course completion certificate dated within one year. Fee: W. Va. Code § 59-1-10, https://code.wvlegislature.gov/59-1-10/ |
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| Minimum marriage age | The age of consent to marry is 18. The county clerk may issue a license to a 16- or 17-year-old only with valid written, acknowledged consent from the parent(s) or legal guardian(s), plus the minor's own signed affirmation that the marriage is voluntary and not coerced, and only if the other party is no more than four years older. Such a minor may seek an annulment without parental consent until turning 18. (Re-enacted in 2023.) Source: W. Va. Code § 48-2-301 |
| Legal name change | File a verified petition in the circuit court or family court of the county where you have lived for at least one year (or certain long-time former residents), stating the reason, the new name, and affirming that it is not to avoid debts or the law, that you are not a registered sex offender or convicted felon, and whether you want your identity protected for safety. At least 10 days before the hearing, notice must be published once as a Class I legal advertisement in the county (the new name may be left out for safety reasons, and the hearing may be closed for good cause). The court may grant the change if it finds no one will be harmed, the representations are true, and there is reasonable and proper cause without fraudulent intent. |
Adoption, guardianship and paternity
| Adoption requirements | An unmarried person, a married person with the spouse's consent, or a married couple jointly may petition the circuit court of the county where they live. Consent or relinquishment is generally required from the parents of a child born during marriage, the birth mother and the determined father of a nonmarital child, and a child 12 or older (given before a judge). Consent is not needed from a parent whose rights were terminated or who abandoned the child; abandonment of a child over six months old is presumed when a parent, for six months before the petition, failed to support the child within their means and failed to visit or communicate when able. The adoption may be decreed no sooner than six months after the child has lived continuously in the petitioner's home, and unless the court directs otherwise a discreet inquiry (home study) is made into whether the home is suitable. |
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| Stepparent adoption | In a stepparent adoption, the child's parent who is married to the petitioning stepparent does not give a separate consent but must join the petition as a party. The other parent's consent or relinquishment is required unless that parent's rights were terminated or the court finds abandonment (for example, six months without support and without visits or communication when able). |
| Guardianship of a child | The circuit court and family court both may appoint a guardian for a minor, generally in the county where the child has lived for the past six months. Any responsible person who knows the facts about the child's welfare may petition (except a person whose parental rights were terminated), and the court holds a hearing within 10 days. The court may appoint a guardian if it finds by clear and convincing evidence that it is in the child's best interest and the parents consent, their rights were terminated, they are unwilling or unable to exercise parental rights, they abandoned their rights for more than six months, or extraordinary circumstances would seriously harm the child if the petition were denied. Source: W. Va. Code § 44-10-3 |
| Guardianship of an adult | File a petition with the circuit clerk in the county where the person lives (or where a health care or correctional facility housing them is located); the filing fee is $110, waived for those unable to pay. The court decides whether to appoint a guardian or conservator and what powers to grant, considering the person's limitations, maximum self-reliance and independence, less restrictive alternatives including advance directives, and the need for protection from neglect, exploitation or abuse. Any guardianship or conservatorship must be the least restrictive possible, with powers no broader than absolutely necessary. Source: W. Va. Code §§ 44A-2-1, 44A-2-10 |
| Establishing paternity | The mother and the man may sign a notarized affidavit of paternity, filed with the State Registrar of vital statistics, which legally establishes the man as the father for all purposes, including child support. To rescind, a parent files a verified complaint with the circuit clerk in the county where the child lives; if filed more than 60 days after signing (or after an administrative or court proceeding about the child), it must allege fraud, duress or material mistake of fact. Paternity can also be established in a court paternity proceeding, and the Bureau for Child Support Enforcement may order genetic testing before a case is filed on a supported sworn request. |
| Emancipation of a minor | A child over 16 may petition a court to be declared emancipated; the parents or custodians are made respondents, personally served, and notice is published as a Class II legal advertisement. The court may grant emancipation for good cause if the child can provide for their physical and financial well-being and make their own decisions. An emancipated child has full capacity to contract, and the parents no longer have custody or a duty of support. A child over 16 who marries is emancipated automatically. Source: W. Va. Code § 49-4-115 |
Where to get help in West Virginia
Divorce & Family Law FAQ
How long do you have to live in West Virginia to file for divorce?
If the marriage took place in West Virginia, a divorce can be filed if either spouse is a good-faith West Virginia resident when the case starts, with no minimum time. If the marriage took place elsewhere, one spouse must have been a resident when the grounds arose (or since then) and for the full year immediately before filing. Special rules apply to divorces based on adultery. The case may be filed in the county where the spouses last lived together or where the respondent lives (or where the petitioner lives if the respondent is not a resident).
Is West Virginia a no-fault divorce state?
No-fault grounds are irreconcilable differences (the respondent's answer must admit them) and living separate and apart without cohabitation for one year. Fault grounds are cruel or inhuman treatment, adultery, conviction of a felony, permanent and incurable insanity with at least three years of confinement, habitual drunkenness or drug addiction, willful abandonment or desertion for six months, and abuse or neglect of a child.
Is there a waiting period for divorce in West Virginia?
The statutes reviewed set no mandatory cooling-off period after filing. The respondent generally has 20 days after service (30 days after first publication, if served by publication) to file an answer. A divorce for irreconcilable differences requires the respondent's answer admitting them, and the one-year separation ground requires a year of living apart. If no issues are disputed, the court may make the first hearing the final hearing if both parties agree.
How much does it cost to file for divorce in West Virginia?
The fee to file a divorce petition is $135. Service by the sheriff costs $30, or service by certified mail costs $20. If you cannot afford the fees, ask a deputy circuit clerk for an affidavit to waive fees and court costs. Each parent of minor children also pays a $25 parent education fee unless fees are waived.
How do you get an uncontested divorce in West Virginia?
West Virginia has no separate summary procedure, but a divorce for irreconcilable differences is granted when the petition claims them and the respondent's answer admits them; no corroborating proof is required, and the court may approve, modify or reject the parties' agreement. At least one party must attend the final hearing. If no issues are disputed, the first hearing may become the final hearing with both parties' agreement. If the spouses have a separation agreement, the court divides property under it unless it was obtained by fraud or duress, is unenforceable, or was inequitable when signed.
Is West Virginia a community property state?
West Virginia uses equitable distribution with a starting rule of equal division: the court divides marital property equally unless an exception in the law applies. Marital property is all property and earnings acquired by either spouse during the marriage regardless of how it is titled, plus increases in value of separate property caused by marital funds or either spouse's work. Separate property includes property acquired before marriage, by gift or inheritance, in exchange for premarital separate property, under a valid agreement, or after separation, and passive (market) growth of separate property.
How is alimony decided in West Virginia?
There are four kinds of spousal support: permanent, temporary (while the case is pending), rehabilitative (for a limited time to allow the recipient to become employed), and spousal support in gross. Support can be ordered only if the spouses are actually living apart. The court considers factors including the length of the marriage, the time actually lived together, each party's income and earning ability, the property division, and others, and must also consider and compare each spouse's fault or misconduct as a contributing factor to the breakdown of the marriage.
How is child custody decided in West Virginia?
Unless the parents agree or it would harm the child, the court must allocate custodial responsibility so that the child's time with each parent is equal (50-50), except as limited by the parenting plan considerations in § 48-9-209 (such as abuse or other harmful conduct). The court may give weight to consensual temporary agreements the parents made after separating, and must explain its decision in written findings after a final hearing. The court may interview the child in chambers or have someone else interview the child.
How is child support calculated in West Virginia?
West Virginia uses the income shares formula. Both parents' adjusted gross income is used, and the total child support obligation is divided between them in proportion to their incomes. The amount depends on the number of children, the time the children spend with each parent, both parents' gross income, child-related expenses and other children of either parent. The guideline amount is presumed correct. The Bureau for Child Support Enforcement links to the statutory worksheets but not to an official state calculator.
Do you have to take a parenting class to divorce in West Virginia?
Yes. The family court must order the parties in a divorce involving minor children to attend a parent education class unless the court decides attendance is not appropriate or necessary. Each parent pays a fee of up to $25 (the court waives it for parties found indigent), and the divorce packet instructions say to try to complete the class before the first hearing. The court may also order classes in paternity, separate maintenance or modification cases.
Can you get a legal separation in West Virginia?
Yes, through an action for separate maintenance, filed in the family court of any county where a divorce could be filed, whether or not a divorce is also requested. Separate maintenance may be ordered if the requesting spouse has grounds for divorce, or if the other spouse, without good cause, has failed to provide suitable support or has abandoned or deserted the requesting spouse.
What are the grounds for annulment in West Virginia?
A marriage is voidable, and can be annulled by court order, when: a spouse was still married to someone else; the spouses are too closely related by blood or marriage; at the time of the marriage a party was mentally incompetent, had a sexually transmitted disease, was incurably impotent, was under the age of consent, or had a prior conviction for a crime punishable by more than one year in prison unknown to the other; or the wife was pregnant by another man without the husband's knowledge. A marriage is presumed valid unless clearly proved otherwise.
Does West Virginia recognize common-law marriage?
No. Every marriage in West Virginia must be solemnized under a marriage license issued by a county clerk; a marriage ceremony performed without a license is void, and the parties do not become legally married.
Do grandparents have visitation rights in West Virginia?
A grandparent may seek visitation by motion in a pending divorce, custody or similar case, or by a separate petition. The court must grant reasonable visitation if it finds visitation is in the child's best interests and would not substantially interfere with the parent-child relationship. Factors include the child's age, the child-grandparent relationship, the parents' relationship with the grandparent, time since last contact, the effect on the parent-child relationship, the parents' custody arrangement, schedules, the grandparent's good faith, any history of abuse or neglect, and whether the child has lived with the grandparent or the grandparent was a significant caretaker.
How do you change your name back after a divorce in West Virginia?
When ordering a divorce, the court must, if either party asks, allow that party to resume the name used before the marriage without filing a separate name-change petition. The court also issues a one-page certified certificate of divorce showing the name change, which can be used as proof of the legal name change, including at the Division of Motor Vehicles.
At what age does child support end in West Virginia?
Child support normally ends when the child turns 18. A support order must continue payments past 18 while the child is unmarried, lives with a parent, guardian or custodian, and is enrolled full time in a secondary school or vocational program, but not past the child's 20th birthday. The statute leaves in place existing case law on support past 18 for a child with a disability.
How do I file for child support in West Virginia?
Parents can apply for services from the Bureau for Child Support Enforcement (BCSE) online through the WV PATH portal (an email address, PATH account and Social Security number are needed), or by completing a paper application, signing it, and giving it to the nearest child support office. BCSE states there is no fee for child support services.
What happens if you don't pay child support in West Virginia?
Support orders include mandatory wage withholding, and unpaid support can be collected through income withholding. Unpaid support can become a lien on real property by operation of law. BCSE must send notice of possible action against a parent's license (denial, nonrenewal, suspension or restriction) when the arrears equal at least six months of support, when court-ordered medical support has gone unpaid for six months, or when the parent has ignored subpoenas or warrants in a support or paternity case. A court can also hold a parent in contempt for willful failure or refusal to pay support, which can lead to jail.
How do you modify child support in West Virginia?
A court may modify a support order when there is a substantial change in circumstances; if applying the guidelines would produce an amount more than 15% different from the current order, that counts as a substantial change. A motion can be filed by either parent, another lawful custodian or guardian, or BCSE, and the Supreme Court of Appeals provides a standard petition form available from circuit and family court clerks. Through BCSE, either party can ask for a review three years after the order took effect, or sooner if a substantial change in circumstances can be shown, at the local BCSE office in the county handling the case. Only a judge's order can reduce or stop the payments.
How do you get emergency custody in West Virginia?
During a divorce, a parent asks for temporary custody by filing and serving a verified proposed temporary parenting plan by motion; the family court enters a temporary parenting order at the hearing, and the statute has no provision for entering it without a hearing. A parent denied equal or any physical custody in a temporary order may file an interlocutory appeal, which the Intermediate Court of Appeals must review on an expedited basis. When there is clear and convincing evidence of immediate and present danger of abuse to a petitioner or minor children, a magistrate can enter an emergency protective order on a verified petition, and the family court must schedule a final hearing within 10 days.
Are divorce records public in West Virginia, and how do I get a copy?
The West Virginia Vital Registration Office describes itself as the state's official repository of birth, death, marriage and divorce records. However, its certificate request page lists certified copies only for births, deaths, marriages and stillbirths ($12 per copy) and does not describe ordering divorce records. Contact Vital Registration or the circuit clerk in the county where the divorce was granted to ask about copies.
How do you get a marriage license in West Virginia?
Apply to the clerk of the county commission in any West Virginia county, regardless of where you live. Both parties sign the application under oath before the clerk (or another person who can administer oaths), giving full names, Social Security numbers (or a visa or equivalent number for a legal alien without one), dates and places of birth and addresses. The clerk must see proof of age, such as a certified birth certificate, a voter registration certificate, a driver's license, or other good and sufficient evidence. The former waiting-period section has been repealed. The license fee is $55, reduced to $35 for couples who present a premarital education course completion certificate dated within one year.
What is the legal age to get married in West Virginia?
The age of consent to marry is 18. The county clerk may issue a license to a 16- or 17-year-old only with valid written, acknowledged consent from the parent(s) or legal guardian(s), plus the minor's own signed affirmation that the marriage is voluntary and not coerced, and only if the other party is no more than four years older. Such a minor may seek an annulment without parental consent until turning 18. (Re-enacted in 2023.)
What are the requirements to adopt a child in West Virginia?
An unmarried person, a married person with the spouse's consent, or a married couple jointly may petition the circuit court of the county where they live. Consent or relinquishment is generally required from the parents of a child born during marriage, the birth mother and the determined father of a nonmarital child, and a child 12 or older (given before a judge). Consent is not needed from a parent whose rights were terminated or who abandoned the child; abandonment of a child over six months old is presumed when a parent, for six months before the petition, failed to support the child within their means and failed to visit or communicate when able. The adoption may be decreed no sooner than six months after the child has lived continuously in the petitioner's home, and unless the court directs otherwise a discreet inquiry (home study) is made into whether the home is suitable.
How does stepparent adoption work in West Virginia?
In a stepparent adoption, the child's parent who is married to the petitioning stepparent does not give a separate consent but must join the petition as a party. The other parent's consent or relinquishment is required unless that parent's rights were terminated or the court finds abandonment (for example, six months without support and without visits or communication when able).
How do you get guardianship of a child in West Virginia?
The circuit court and family court both may appoint a guardian for a minor, generally in the county where the child has lived for the past six months. Any responsible person who knows the facts about the child's welfare may petition (except a person whose parental rights were terminated), and the court holds a hearing within 10 days. The court may appoint a guardian if it finds by clear and convincing evidence that it is in the child's best interest and the parents consent, their rights were terminated, they are unwilling or unable to exercise parental rights, they abandoned their rights for more than six months, or extraordinary circumstances would seriously harm the child if the petition were denied.
How do you get guardianship of an adult in West Virginia?
File a petition with the circuit clerk in the county where the person lives (or where a health care or correctional facility housing them is located); the filing fee is $110, waived for those unable to pay. The court decides whether to appoint a guardian or conservator and what powers to grant, considering the person's limitations, maximum self-reliance and independence, less restrictive alternatives including advance directives, and the need for protection from neglect, exploitation or abuse. Any guardianship or conservatorship must be the least restrictive possible, with powers no broader than absolutely necessary.
How do you establish paternity in West Virginia?
The mother and the man may sign a notarized affidavit of paternity, filed with the State Registrar of vital statistics, which legally establishes the man as the father for all purposes, including child support. To rescind, a parent files a verified complaint with the circuit clerk in the county where the child lives; if filed more than 60 days after signing (or after an administrative or court proceeding about the child), it must allege fraud, duress or material mistake of fact. Paternity can also be established in a court paternity proceeding, and the Bureau for Child Support Enforcement may order genetic testing before a case is filed on a supported sworn request.
How do you legally change your name in West Virginia?
File a verified petition in the circuit court or family court of the county where you have lived for at least one year (or certain long-time former residents), stating the reason, the new name, and affirming that it is not to avoid debts or the law, that you are not a registered sex offender or convicted felon, and whether you want your identity protected for safety. At least 10 days before the hearing, notice must be published once as a Class I legal advertisement in the county (the new name may be left out for safety reasons, and the hearing may be closed for good cause). The court may grant the change if it finds no one will be harmed, the representations are true, and there is reasonable and proper cause without fraudulent intent.
How does a minor get emancipated in West Virginia?
A child over 16 may petition a court to be declared emancipated; the parents or custodians are made respondents, personally served, and notice is published as a Class II legal advertisement. The court may grant emancipation for good cause if the child can provide for their physical and financial well-being and make their own decisions. An emancipated child has full capacity to contract, and the parents no longer have custody or a duty of support. A child over 16 who marries is emancipated automatically.
Where can I get divorce papers and forms in West Virginia?
The West Virginia Judiciary posts statewide divorce forms. The petitioner's packet includes instructions (SCA-FC-100), the Petition for Divorce (SCA-FC-101) and the Petitioner's Civil Case Information Statement (SCA-FC-103), plus forms used by either spouse: Information for the Division of Vital Statistics (SCA-FC-104), Acceptance of Service (SCA-FC-105), Financial Statement (SCA-FC-106), Servicemembers Civil Relief Act waiver (SCA-FC-115) and Certificate of Service (SCA-FC-314). The respondent's packet includes instructions (SCA-FC-100A), the Answer to Divorce Petition (SCA-FC-108) and the Respondent's Civil Case Information Statement (SCA-FC-114). Forms for out-of-state or unknown residency and publication are also provided.
Who handles child support in West Virginia, and how do I contact them?
West Virginia's child support agency is the Bureau for Child Support Enforcement (BCSE). It establishes paternity, establishes child support, and enforces child and spousal support. Apply through the BCSE Application for Services page; payments can be made through the Make a Payment page, and existing payments can be checked online. Customer Service Unit: 1-800-249-3778 or 304-558-4665 (8:30 a.m. to 5 p.m., Monday through Friday).
Is there an official child support calculator in West Virginia?
The West Virginia Bureau for Child Support Enforcement (BCSE) explains that the state uses the Income Shares Support Formula (West Virginia Code chapter 48, article 13) to set child support, based on the number of children, time spent with each parent, both parents' gross income, child-rearing expenses, other children and other circumstances. BCSE links the official Basic Shared Parenting Worksheet (W. Va. Code 48-13-401) and Extended Shared Parenting Worksheet (48-13-502). The next review of the guidelines is scheduled for 2026.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.