How to File for Divorce in West Virginia

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).

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.

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.

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.

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.