West Virginia divorce forms are official court documents required to file for divorce in West Virginia, available free through the West Virginia Judiciary website. These court forms include the petition for divorce, civil case information statement, financial statement, and additional documents, depending on whether you have children or seek spousal support.
Properly completing West Virginia divorce forms is essential for successfully navigating the divorce case process, as incomplete or incorrect divorce papers can delay proceedings or result in rejection by the family court.
The West Virginia Judiciary provides standardized divorce forms approved by the Supreme Court of Appeals, ensuring compliance with court requirements statewide. While some counties may have local preferences, the official court forms from the Supreme Court website are accepted in all West Virginia family courts.
Legal Aid of West Virginia offers free assistance and guided self-help forms for those who cannot afford attorneys, making the divorce process accessible to everyone regardless of income.
Where Can You Get West Virginia Divorce Forms?
West Virginia divorce forms are available through multiple sources, though the official West Virginia Judiciary website provides the most reliable and current versions.
Official West Virginia Judiciary Website
The Supreme Court of Appeals maintains a comprehensive collection of court forms at courtswv.gov. These forms are:
- Free to download and print
- Officially approved for all West Virginia courts
- Updated to reflect current law
- Available in PDF format
- Accepted statewide by all family courts
Forms Available Include
- Petition for Divorce (Petitioner Form SCA-FC-101)
- Answer to Petition for Divorce (Respondent Form SCA-FC-108)
- Civil Case Information Statement
- Financial Statement
- Parenting plan documents
- Fee waiver forms
- Child support forms
Legal Aid of West Virginia
Legal Aid offers free divorce forms and guided self-help through their website at legalaidwv.org. Their resources include:
- An interactive LawHelp system that guides you through form completion
- Video tutorials explaining each form
- Printable instruction packets
- Free mailing of forms if you cannot afford printing costs
Legal Aid's guided self-help forms ask questions about your situation and automatically fill in the appropriate court forms based on your answers, making the process easier for those unfamiliar with legal documents.
Circuit Clerk's Office
You can obtain divorce papers in person from any circuit clerk's office located in county courthouses throughout West Virginia. Some clerk's offices charge a small fee for printed forms, though Legal Aid will mail forms free if you cannot afford even these minimal costs.
What Forms Do You Need for Divorce Without Children?
The required West Virginia divorce forms vary depending on whether you have minor children with your spouse. For divorces without children, you need fewer documents.
Petition for Divorce
The master document initiating your divorce case. This form provides the family court judge with essential information about your marriage, grounds for divorce, what relief you're requesting, and the date of separation. You must sign this form before a notary public.
Civil Case Information Statement for Domestic Relations Cases
A two-page form telling the circuit clerk you're filing for divorce, whether children are involved, and how your spouse should be served with divorce papers. Submit one original and two copies.
Information Requested by the Division of Vital Statistics
A one-page form for state records is sent to the Office of Vital Statistics in Charleston at the end of your divorce case. Submit one original.
Financial Statement
A comprehensive form disclosing your income, assets, debts, and expenses. Everything must be listed, including real estate, vehicles, bank accounts, retirement accounts, personal property, and liabilities. Sign before a notary public. Submit one original plus one copy for service on your spouse.
What Additional Forms Are Needed for Divorce With Children?
When minor children are involved, West Virginia divorce forms expand significantly to address custody, visitation, and child support.
- Child Support Income Withholding Form
This form enables automatic withholding of child support from the paying parent's wages. Submit one original.
- Parent Education Registration Form
West Virginia requires parents with minor children to complete approved parent education programs before finalizing a divorce. This form registers you for the required class. Submit one original.
- Proposed Parenting Plan (if parents agree)
When both parents can agree on custody and visitation arrangements, submit a joint proposed parenting plan detailing the custody schedule, decision-making authority, holiday schedules, and transportation arrangements. Submit one original plus one copy for your spouse.
- Worksheet for Individual Proposed Parenting Plan (if parents disagree)
When parents cannot agree on custody arrangements, each completes their own worksheet outlining their proposed schedule and arrangements.
- Motion to Adopt Individual Proposed Parenting Plan (if parents disagree)
Filed along with your individual worksheet, this motion asks the court to adopt your proposed parenting arrangements rather than your spouse's proposal.
All parenting forms must address legal custody (decision-making), physical custody schedules, holiday and vacation time, transportation, and dispute resolution procedures.
How Do You Complete the Petition for Divorce?
The petition for divorce is the most important of all West Virginia divorce forms, it initiates the legal process and informs the court what you want from the divorce.
Essential Information to Include
- Your full name and address
- Your spouse's full name and address
- Date of marriage
- Place of marriage
- Date of separation
- Names and birth dates of all minor children
- Current custody arrangements
- Requested custody and visitation
- Irreconcilable differences (both must agree)
- Voluntary separation for one year
- Fault-based grounds (adultery, cruelty, desertion, etc.)
- Divorce decree
- Property division
- Spousal support (amount and duration)
- Child custody arrangements
- Child support
- Name restoration (if applicable)
Sign before a notary public certifying that the information is true and correct to the best of your knowledge.
Read the instruction packet provided by the West Virginia Judiciary before completing the petition. Legal Aid's video tutorials also walk through each section in detail.
Why Is the Financial Statement Required?
The Financial Statement is one of the most detailed West Virginia divorce forms, requiring a comprehensive disclosure of your complete financial picture. West Virginia law mandates full financial disclosure to ensure fair property division and appropriate support awards.
Sign this form before a notary public. Incomplete or inaccurate financial statements can result in unfair property division or support awards and may constitute fraud on the court.
How Many Copies of Each Form Do You Need?
Proper filing requires submitting the correct number of copies for each document to ensure the court, your spouse, and you each have the necessary paperwork.
Copy Requirements for West Virginia Divorce Forms
Form | Original | Court Copies | Spouse Copy | Your Copy |
Petition for Divorce | 1 | - | 1 | 1 |
Civil Case Information Statement | 1 | 2 | - | 1 |
Vital Statistics Form | 1 | - | - | 1 |
Fee Waiver Affidavit | 1 | - | - | 1 |
Financial Statement | 1 | - | 1 | 1 |
Child Support Income Withholding | 1 | - | - | 1 |
Parent Education Registration | 1 | - | - | 1 |
Proposed Parenting Plan | 1 | - | 1 | 1 |
Submit one original of each form, plus one copy of the documents that must be served on your spouse (petition, financial statement, parenting plan). Always make complete copies of everything for your own records before filing.
What Fees Apply When Filing Divorce Forms?
Filing West Virginia divorce forms requires payment of court costs unless you qualify for a fee waiver.
Standard Fees
- Filing fee: $135 to file petition for divorce with circuit clerk
- Service fees: $20-25 for sheriff service or certified mail
- Notary fees: Varies for notarizing petition and financial statement
- Copying fees: Minimal if obtaining forms from clerk's office
Can You Get the Filing Fee Waived?
If you cannot afford to pay the filing fee and court costs, West Virginia provides a fee waiver process through the completion of the fee waiver form.
The fee waiver affidavit requires full disclosure of:
- All household income from any source
- All assets owned by household members
- All monthly expenses
- Number of dependents
The circuit clerk reviews your financial information to determine eligibility. If approved, you won't pay filing fees or other court costs during your divorce. If denied due to income or assets exceeding limits, you must pay the $135 filing fee before the court will process your divorce papers.
Legal Aid of West Virginia assists qualifying individuals with fee waiver applications and provides divorce forms free of charge.
Do Some Counties Use Different Forms?
While the West Virginia Judiciary provides standardized court forms accepted statewide, some family court judges prefer county-specific forms or have local requirements.
County Variations
Some counties have developed their own divorce forms that judges in those jurisdictions prefer. However, even in these counties, you can file for divorce using the Supreme Court's standard form, they must be accepted as valid court forms.
What This Means
Before filing, contact the circuit clerk's office in your county or check the local family court website to determine:
- Whether local forms are preferred
- Any local court rules affecting divorce filings
- Specific procedures for your county's family court
Using your judge's preferred forms may result in smoother processing, though the Supreme Court forms remain valid alternatives throughout West Virginia.
How Do You File Completed Divorce Forms?
After completing all required West Virginia divorce forms, you must file them with the circuit clerk's office in the appropriate county.
Filing Process
- Complete all required forms
- Sign forms requiring notarization before a notary public
- Make the required number of copies
- Organize documents with originals and copies separated
Visit Circuit Clerk
- Bring originals and all copies to the circuit clerk's office
- County location depends on where you or your spouse resides
- Clerk reviews forms for completeness
- Pay the filing fee or submit a fee waiver form
Receive Filed Documents
- Clerk stamps documents with filing date
- Returns copies for service on your spouse
- Provides case number for tracking
- Schedules any required initial hearings
Keep all filed copies in a safe place. You'll need them throughout the divorce process and for serving your spouse.
What Happens After Filing Divorce Forms?
Filing your divorce papers initiates the legal process, but several steps follow before your divorce concludes. After filing, you must serve divorce papers on your spouse through:
- Sheriff personal service
- Certified mail through clerk's office
- Acceptance of service if spouse cooperates
- Publication service if spouse cannot be located
Your spouse has 20 days after service to file an answer using the respondent forms. They can:
- Agree to divorce on stated grounds
- Contest grounds or requested relief
- File counter-claims
- Request temporary orders
Either spouse can request temporary orders addressing:
- Temporary custody and visitation
- Temporary child support
- Temporary spousal support
- Use of marital home and vehicles
- Payment of household expenses
Finally, exchange financial information, negotiate settlement terms, attend mediation if required, and work toward an agreement or prepare for trial.
Moving Forward with West Virginia Divorce Forms
West Virginia divorce forms provide the foundation for successfully navigating the divorce case process, whether you're filing for divorce yourself or responding to your spouse's petition. The West Virginia Judiciary offers comprehensive court forms free through their website, while Legal Aid of West Virginia provides guided self-help forms and instructional videos assisting those who cannot afford attorneys.
Properly completing divorce papers requires attention to detail, accurate financial disclosure, and compliance with notarization requirements. The petition for divorce, civil case information statement, financial statement, and child-related forms, when applicable, must all be completed correctly and filed with the appropriate number of copies to avoid delays or rejection by the family court.