West Virginia Divorce Timeline: 2025 Guide

Planning your West Virginia divorce? Here's good news: if you married in West Virginia, there's NO minimum residency requirement—you can file immediately! Understanding your timeline from petition to decree helps reduce uncertainty during this challenging transition. Get started by reviewing our detailed West Virginia divorce filing checklist.

West Virginia Divorce Timeline At a Glance

• Residency requirement: 0 days if married in WV; 1 year if married elsewhere
• Filing fee: $135 (statewide, set by W. Va. Code §59-1-11)
• No-fault grounds: Irreconcilable differences or 1-year voluntary separation
• Uncontested timeline: Typically 1-3 months (45-120 days)
• Contested timeline: Usually 6-12+ months
• Court target: 6-month time standard (WV Trial Court Rule 16.06)
• Filing location: Family Court through County Circuit Clerk

West Virginia Residency Requirements: A Unique Advantage

West Virginia offers one of the most flexible residency rules in America. According to W. Va. Code §48-5-105:

• Married in West Virginia? Either spouse can file immediately if they're a bona fide WV resident at the time of filing—no waiting period
• Married outside West Virginia? One spouse must have been a WV resident for at least 1 continuous year immediately before filing

This means couples who married in-state have immediate access to West Virginia's Family Court system—a significant advantage if you need to start the process quickly.

How Long Does Divorce Take in West Virginia?

Uncontested Divorce: 1–3 Months

When both spouses agree on all major issues (property division, debts, spousal support, parenting plans, child support), West Virginia's uncontested divorce process typically resolves in 1 to 3 months. According to WV Trial Court Rule 16.06, Family Courts aim to enter final decrees within 6 months of filing.

Timeline Breakdown: File petition → Serve respondent → 30-day answer period → Complete parent education (if children) → Submit settlement agreement → Final hearing → Decree (typically 45-120 days total)

Contested Divorce: 6–12+ Months

If you disagree on custody, property, or support, expect 6 to 12 months or longer. Contested cases involve:

• Temporary orders hearings (typically within 30-60 days)
• Financial disclosures (40-day deadline per W. Va. Code §48-7-201)
• Mandatory mediation for parenting plans (completed within ~45 days per court order)
• Discovery process
• Final trial and decree

Complex high-asset cases or those with significant custody disputes can extend beyond 12 months, though courts work to meet the 6-month time standard.

Calculate Your Estimated Divorce Costs

West Virginia divorce costs vary by case type. Use our free calculator to estimate your expenses, including the $135 filing fee, service costs (typically $25 for sheriff service), and parent education fees ($25 per parent if you have minor children).

West Virginia Divorce Process: Step-by-Step

1. File Your Petition for Divorce

Submit form SCA-FC-101 (Petition for Divorce) to the Family Court through your County Circuit Clerk along with the $135 filing fee. Attorneys e-file via the CourtPLUS system; self-represented filers submit in person and the clerk e-files it.

2. Serve Your Spouse (Respondent)

Your spouse must be officially served with the divorce papers. Common methods include sheriff service (~$25) or certified mail. Your spouse then has 30 days after service to file an Answer (as of January 1, 2025, per updated W. Va. R. Civ. P. 12).

3. Complete Parent Education (If Applicable)

West Virginia requires parent education in cases with minor children unless waived for good cause. The approved "Children in Between–Online" course costs $25 per parent. Completion certificates must be filed before mediation or final hearing. Fee waivers are available for indigency.

4. Negotiate or Mediate

West Virginia requires mediation for disputed parenting plans unless pre-mediation screening shows it's inappropriate (such as in domestic violence cases). According to W. Va. Code §48-9-202, courts order mediation to be completed within approximately 45 days. Learn more about choosing between litigation and mediation.

5. Temporary Orders (If Needed)

Either party can request temporary orders for child support, spousal support, parenting time, or exclusive use of the marital home while the divorce is pending. Temporary support orders must be entered by the next business day after the hearing; other temporary orders within 20 days.

6. Financial Disclosures

Both spouses must fully disclose assets and liabilities within 40 days after service using form SCA-FC-106 (Financial Statement). Failure to disclose can result in court sanctions.

7. Final Hearing and Decree

Uncontested: Submit your signed property settlement agreement, parenting plan (if applicable), child support worksheet, and proof of parent education completion. The court reviews and approves if fair.

Contested: The court holds a final hearing or trial, receives evidence, and enters orders on all disputed issues including property division, custody, and support.

West Virginia No-Fault Divorce Grounds

West Virginia offers two no-fault divorce options under W. Va. Code §§48-5-201 and 48-5-202:

1. Irreconcilable differences — Both parties must agree (the respondent's answer must admit this allegation). No corroboration required. This is the fastest path for uncontested divorces.
2. Voluntary separation — Parties have lived separate and apart in different residences without cohabitation for at least 1 continuous year. This ground doesn't require the other spouse's agreement.

Important Deadlines to Remember

• 30 days: Answer deadline after service (effective Jan. 1, 2025)
• 40 days: Financial disclosure deadline
• 45 days: Typical mediation completion window
• 6 months: Court's target timeline for final decree (Trial Court Rule 16.06)
• 30 days: Appeal deadline to Intermediate Court of Appeals

Frequently Asked Questions

Do I need to live in West Virginia for a certain amount of time before filing?

If you married in West Virginia, there's NO minimum residency requirement—you can file as soon as you're a bona fide WV resident. If you married outside WV, you need 1 year of continuous residency before filing.

How much does it cost to file for divorce in West Virginia?

The filing fee is $135 statewide (W. Va. Code §59-1-11). Additional costs include service fees (~$25 for sheriff service) and parent education if you have minor children ($25 per parent). Fee waivers are available if you can't afford court costs.

Can I get a divorce faster if we agree on everything?

Yes! Uncontested divorces using "irreconcilable differences" as the ground typically finalize in 1-3 months. Both spouses must agree, and the respondent's answer must admit the irreconcilable differences allegation.

What if my spouse doesn't respond to the divorce papers?

If your spouse doesn't file an Answer within 30 days after service, you may be able to proceed with a default divorce. The court can enter orders even without your spouse's participation, though proper service must be proven.

Is mediation required in West Virginia?

Yes, mediation is mandatory for disputed parenting plans unless pre-mediation screening shows it's inappropriate (e.g., domestic violence cases). Mediation focuses on custody and parenting time, not property or financial issues.