West Virginia DIY Divorce: E-Filing & Mediation

West Virginia gives self-represented filers real tools to finish a divorce without hiring an attorney. The state's CourtPLUS E-File system has been live in all 55 counties for circuit and family courts since July 15, 2024, the statewide filing fee is $135, and if you married in West Virginia there is no minimum residency period before you can file. For a broader look at how DIY filing compares to hiring a lawyer, see our online vs. traditional divorce guide. Here is what you need to handle your West Virginia DIY divorce on your own.

CourtPLUS E-Filing: Statewide Access

Attorneys must e-file through CourtPLUS in every West Virginia county. If you are self-represented, you can still file on paper at the Office of the Circuit Clerk in your county, and the clerk will e-file your documents on your behalf—so you get the benefits of electronic case tracking without needing an e-filing account yourself. Cases are heard in Family Court, and the county where you file depends on venue: if your spouse lives in West Virginia, file where the parties last lived together or where your spouse resides; if your spouse lives out of state, file where you last lived together in West Virginia or where you reside.

Appeals from a family court's final order go to the Intermediate Court of Appeals within 30 days, so keep that deadline in mind if your case ends up contested.

Official Forms and Filing Without a Lawyer

The West Virginia Judiciary's divorce forms page lists every statewide form you need at no cost. Core forms for a DIY West Virginia divorce include:

• SCA-FC-101 Petition for Divorce (complaint)
• SCA-FC-103 Civil Case Information Statement, required with every filing
• SCA-FC-104 Information Requested by Division of Vital Statistics
• SCA-FC-105 Acceptance of Service, if your spouse agrees to sign instead of being formally served
• SCA-FC-106 Financial Statement, one for each spouse
• SCA-FC-108 Answer to Divorce Petition
• FDVCSAP Bureau for Child Support Enforcement application, required whenever support or custody is at issue

Under W. Va. Code §48-5-105, if you married in West Virginia, either spouse can file as soon as they are a bona fide resident—there is no minimum duration. If you married outside West Virginia, one spouse must have lived in the state for one continuous year immediately before filing. Once your spouse is served, they have 30 days to file an Answer; this window changed from 20 to 30 days for cases served on or after January 1, 2025.

Mediation and Parent Education

If parents cannot agree on a parenting plan, West Virginia family courts require mediation unless pre-mediation screening shows it is inappropriate, such as when domestic violence or safety concerns are present. Mediation is supposed to begin promptly and typically wraps up within about 45 days of the court's assignment order.

Cases with minor children also require parent education unless the court waives it for good cause. The approved online course, “Children in Between—Online,” costs $25 per parent, with fee waivers available for those who qualify. High-conflict cases can be ordered into an advanced course for around $60. Completion certificates must be filed with the circuit clerk before mediation or the final hearing.

Filing Costs and Fee Waivers

The statutory filing fee to institute a divorce is $135 statewide under W. Va. Code §59-1-11(a)(3). Other typical costs include:

• Sheriff's service of process: $25–$30, depending on the county
• Certified mail service, if used in place of the sheriff: around $20
• Parent education class: $25 per parent if minor children are involved

A cooperative, uncontested DIY divorce with no minor children often totals $160–$180, excluding attorney fees. If you cannot afford the filing fee, you can request a fee waiver through the circuit clerk for indigency.

The Uncontested DIY Path

West Virginia's fastest, lowest-cost route is an uncontested divorce on irreconcilable differences, where the respondent's Answer admits the allegation. The typical sequence:

1. File the petition (SCA-FC-101) with SCA-FC-103 and SCA-FC-106 at the circuit clerk's office, pay the $135 fee, and receive a summons.
2. Serve your spouse by sheriff or certified mail, or have them sign SCA-FC-105 (Acceptance of Service) to skip service costs entirely.
3. Wait for the 30-day answer window to pass, or move forward once your spouse files SCA-FC-108 admitting irreconcilable differences.
4. Submit your settlement agreement, any parenting plan and child support worksheet, proof of parent education, and the SCA-FC-104 Vital Statistics form.
5. The judge signs the final order.Cooperative West Virginia cases with straightforward paperwork commonly finalize within 45–120 days of filing, well inside the six-month time standard set by the Trial Court Rules.

For a closer look at how a fully agreed case differs from one with disputed issues, see our uncontested vs. contested divorce guide.

When to Consider Hiring an Attorney

DIY divorce works best in West Virginia when both spouses cooperate, property is straightforward, and custody is not contested. Consider hiring a family law attorney if your case involves:

• Significant marital property (business interests, real estate, or retirement accounts requiring a QDRO)
• Contested custody or parenting-time disputes
• Domestic violence or safety concerns
• Complex separate-property tracing or high-conflict discovery

Many West Virginia attorneys offer limited-scope help—reviewing a settlement agreement or coaching you before a hearing—for a flat fee, which costs far less than full representation while still catching costly mistakes. For a full checklist of what to prepare before you start, see our divorce checklist.