West Virginia Uncontested vs Contested Divorce

Filing for divorce in West Virginia? Your case will be either uncontested (you and your spouse agree on everything) or contested (disputes remain on major issues). West Virginia has no mandatory waiting period, making it one of the faster states for finalizing an agreed divorce. Understanding online versus traditional divorce options helps you choose the most efficient approach.

West Virginia offers two primary no-fault grounds: irreconcilable differences (when both spouses admit to the allegation) or living separate and apart for one continuous year. Most couples use irreconcilable differences when they can reach full agreement.

Quick Comparison: Uncontested vs Contested

What is an Uncontested Divorce in West Virginia?

An uncontested divorce means you and your spouse agree on all major issues including property division, debts, spousal support, and (if applicable) child custody and parenting plans. West Virginia's Family Court forms include everything needed for self-represented filers.

Acceptance of Service Option

West Virginia allows respondents to sign an Acceptance of Service form (SCA-FC-105) instead of requiring formal sheriff service. This speeds up the process and eliminates the $25 service fee.

Self-Help Resources

The West Virginia Judiciary provides free divorce packets with instructions, including the Petition for Divorce (SCA-FC-101), Financial Statement (SCA-FC-106), and all required case information forms.

What is a Contested Divorce?

A contested divorce occurs when you and your spouse disagree on one or more major issues such as child custody, parenting time, property division, or spousal support. As of January 1, 2025, the respondent has 30 days after service to file an Answer.

West Virginia courts require mediation for contested parenting plans unless screening indicates it would be inappropriate (such as in domestic violence cases). Parent education classes are also mandatory when minor children are involved. Exploring ways to save money on divorce means taking full advantage of court-ordered mediation opportunities.

Cost Comparison

Uncontested Divorce Costs

• Filing fee: $135 statewide
• Service of process: $25 sheriff fee (or $0 with Acceptance of Service)
• Parent education: $25 per parent (if minor children)
• Attorney (optional): $1,500-$3,000 flat fee
• Total typical range: $160-$3,000

Contested Divorce Costs

• Filing fees: $135 plus motion fees
• Attorney fees: $10,000-$15,000+ depending on complexity
• Mediation: Sliding scale fees vary by county
• Custody evaluation: $1,000-$5,000 if needed
• Total average: $10,000-$15,000+ per spouse

Calculate Your Estimated Divorce Costs

Use our free calculator to estimate your total West Virginia divorce costs based on whether your case is uncontested or contested.

Timeline Comparison

Uncontested: West Virginia has no mandatory waiting period. Most uncontested cases finalize in 45-120 days, depending on court scheduling and how quickly paperwork is completed. For more details, see our West Virginia divorce timeline guide.

Contested: Expect 6-12 months or longer. Discovery, temporary orders, mediation, and trial scheduling all extend the process. The Trial Court Rules set a 6-month target for final decrees, but complex cases often take longer.

Unique West Virginia Rules

Flexible residency: If you married in West Virginia, either spouse can file immediately with no waiting period. If married elsewhere, one spouse must have been a WV resident for at least one year before filing.

Equitable distribution: West Virginia presumes equal division of marital property. Courts may adjust based on factors like contributions, dissipation, and earning capacity impacts.

Frequently Asked Questions

What grounds does West Virginia recognize?

No-fault grounds include irreconcilable differences (when admitted in the answer) and one year of voluntary separation. Fault grounds include adultery, cruel treatment, desertion, felony conviction, habitual drunkenness, and drug addiction.

Is parent education required?

Yes, when minor children are involved. The approved "Children in Between" online course costs $25 per parent and must be completed before mediation or the final hearing.

Can we use mediation?

Mediation is required for contested parenting plans unless screening shows it's inappropriate. For property and financial disputes, parties may voluntarily choose private mediation.

Make the Right Choice

The key difference between uncontested and contested divorce is agreement. If you and your spouse can resolve all issues cooperatively, you'll save thousands of dollars and finish in just a few months. West Virginia's lack of a waiting period makes uncontested divorces particularly efficient. For step-by-step guidance, see our West Virginia divorce filing checklist.