West Virginia Divorce Filing Checklist 2025

Filing for divorce in West Virginia requires navigating specific residency requirements, venue rules, and mandatory court forms. Whether you're pursuing an uncontested divorce or preparing for a contested case, understanding the Family Court process can help you move forward with confidence. For general guidance on what to expect during divorce, review our comprehensive checklist.

Understanding West Virginia Residency Requirements

West Virginia's residency requirements vary based on where your marriage took place. According to W. Va. Code §48-5-105, if you married in West Virginia, either spouse who is a bona fide resident can file for divorce immediately—no waiting period required.

If your marriage occurred outside West Virginia, the rules differ. One spouse must have been a West Virginia resident when the cause for divorce arose, or became a resident later and maintained continuous residency for one full year immediately before filing. Special provisions apply to adultery cases, which you can review in the statute.

Choosing the Right Venue: Which County Court?

Venue determines which of West Virginia's 55 county circuit courts will handle your divorce. The Family Court rules provide clear guidance:

• If your spouse lives in West Virginia: File in the county where you last lived together as a married couple, or in the county where your spouse currently resides.
• If your spouse lives out of state: File in the county where you last cohabited in West Virginia, or in the county where you currently reside.

Understanding venue rules from the start helps you file in the correct Office of the Circuit Clerk and avoid procedural delays.

Required Forms for West Virginia Divorce

The West Virginia Judiciary publishes all statewide divorce forms. Every case begins with these core documents:

• SCA-FC-101 (Petition for Divorce): Your formal complaint stating grounds and requested relief.
• SCA-FC-103 (Civil Case Information Statement): Required domestic relations case data sheet.
• SCA-FC-106 (Financial Statement): Detailed disclosure of income, assets, and debts.
• SCA-FC-104 (Vital Statistics Form): Information needed by the state registrar for finalizing your divorce.

If your case involves minor children, custody, visitation, or support, you must also file the FDVCSAP (Bureau for Child Support Enforcement Application). West Virginia courts generally will not proceed to hearings on these issues until this Title IV-D application is on file.

Filing Fees and Service Costs

West Virginia law sets a statewide $135 filing fee for divorce cases, codified in W. Va. Code §59-1-11(a)(3). This fee has remained consistent since 1999 and applies uniformly across all 55 counties.

Additional costs to budget for include:

• Sheriff's service: Typically $25 (some counties charge $30).
• Certified mail service: Approximately $20 if used for service.
• Parent education fee: $25 per parent in cases involving minor children (waivers available for indigency).

If you cannot afford the filing fee, you can request a fee waiver by submitting Financial Affidavit Form SCA-C&M201 to the circuit clerk.

Estimate Your West Virginia Divorce Costs

Use our calculator to estimate filing fees, service costs, and parent education expenses based on your specific situation. For tips on reducing costs, see our guide on how to save money on divorce.

Service of Process: Notifying Your Spouse

After filing, you must serve your spouse with the summons and petition. West Virginia follows W. Va. R. Civ. P. 4 for service:

• Personal service by sheriff or private process server.
• Certified mail (restricted delivery) if permitted by local practice.
• Acceptance of service (Form SCA-FC-105): If your spouse signs voluntarily, this expedites the process.

If you cannot locate your spouse or service attempts fail, you may petition for service by publication. The court will issue an Order of Publication (Form SCA-FC-111), which must run weekly for two successive weeks in a legal newspaper, with a response deadline of at least 30 days after first publication.

Answer Deadline and Initial Response

As of January 1, 2025, West Virginia amended its civil procedure rules. Under the current version of Rule 12, the respondent (your spouse) has 30 days after service to file an Answer (Form SCA-FC-108). This replaced the previous 20-day deadline.

Along with the Answer, your spouse must file:

• SCA-FC-114 (Respondent's Civil Case Information Statement)
• SCA-FC-106 (Financial Statement)
• FDVCSAP (if the case involves support or custody)

For no-fault divorces based on irreconcilable differences, an Answer that admits the allegation enables the court to grant the divorce without additional corroboration.

Parent Education and Mediation Requirements

West Virginia mandates parent education in all divorce cases with minor children unless waived for good cause. The approved online course, "Children in Between," costs $25 per parent. Completion certificates must be filed with the court before mediation or the final hearing.

If parents cannot agree on a parenting plan, the court requires mediation per W. Va. Code §48-9-202—unless pre-mediation screening reveals concerns such as domestic violence or safety issues. Mediation typically must begin promptly and conclude within 45 days or by the next hearing date, whichever comes first.

Typical Divorce Timelines in West Virginia

Timelines depend on whether your divorce is contested or uncontested:

• Uncontested divorce: Expect 45–120 days from filing to final decree if service is straightforward, your spouse files a timely Answer admitting the grounds, and you submit a complete settlement agreement.
• Contested divorce: Often 6–12 months or longer, factoring in temporary hearings, mediation, discovery, and trial scheduling. The Trial Court Rules set a time standard of six months for final decree entry, though complex cases may extend beyond that baseline.

Family courts enter a scheduling order within 45 days of the initial pleading, setting dates for temporary hearings, mediation, parent education deadlines, and the final hearing.

E-Filing Through CourtPLUS

As of July 15, 2024, West Virginia's CourtPLUS E-File system is operational statewide in all 55 counties for circuit and family courts. Attorneys must e-file in these "Active Counties." Self-represented litigants may file paper documents at the circuit clerk's office, and the clerk will e-file them on your behalf.

E-filing streamlines document submission and service, reducing delays and ensuring your filings are timestamped immediately upon submission.