Divorce in West Virginia

How to file for divorce in West Virginia

1. Check residency. No minimum if married in West Virginia and still a current resident; otherwise 1 year of continuous West Virginia residency before filing.
2. Prepare and file the Petition for Divorce (Form SCA-FC-101) with the Family Court (a division of Circuit Court) in your county. The filing fee is typically $135 to $175, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Both spouses must file a Financial Statement disclosing income, expenses, assets, and debts within 40 days of service.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. No general mandatory post-filing wait, but the final hearing cannot be scheduled until at least 20 days after service. Then ask the court for your final judgment.

Residency and grounds

Residency: No minimum if married in West Virginia and still a current resident; otherwise 1 year of continuous West Virginia residency before filing.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: Not required if both spouses consent to irreconcilable differences; otherwise one continuous year of voluntary separation is the alternative no-fault ground.

How property is divided

West Virginia uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: West Virginia uses the terms custody (legal custody and physical custody), with a rebuttable presumption of equal 50/50 custody since June 2022. Every decision is made in the child's best interests.

Parenting class: Required statewide: both parents must complete an approved parent-education class before the divorce can be finalized.

Child support: West Virginia uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

West Virginia courts weigh 20 statutory factors for alimony, including marital fault, even though fault plays no role in dividing property.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

West Virginia does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.

Legal separation: available in West Virginia, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: no general mandatory post-filing wait, but the final hearing cannot be scheduled until at least 20 days after service. A typical timeline is 45 to 120 days uncontested; 6 to 12+ months if contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in West Virginia

• Since June 2022, West Virginia family courts start from a rebuttable presumption of equal 50/50 custody.
• Marital property is split equally by default; fault plays no role there but is one of 20 factors for alimony.
• Both spouses generally must attend the final hearing even when the divorce is fully uncontested.

Official resources

Official forms and instructions come from West Virginia's courts. Sources we reviewed:

• courtswv.gov
• courtswv.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.