Filing for divorce in West Virginia requires completing specific forms, meeting residency requirements, and following proper court procedures established by West Virginia law and the West Virginia Judiciary. Whether you're pursuing an uncontested divorce where both spouses agree on terms or a contested divorce requiring court intervention, the process begins with filing a petition for divorce with the circuit court in the appropriate county. West Virginia court procedures demand accurate completion of divorce papers, payment of court costs, and proper service of documents on your spouse.
The West Virginia filing process involves more than just completing forms; you must establish legal grounds for divorce, provide detailed financial statements, and submit a civil case information statement to the court. If you have children, additional requirements include parent education classes and a parenting plan. Legal Aid of West Virginia and the Supreme Court of Appeals provide resources for those navigating this process, though complex cases benefit from attorney guidance.
What Are the Residency Requirements to File for Divorce?
Before you can file for divorce in West Virginia, you must meet specific residency requirements established by West Virginia law. These requirements ensure the West Virginia court has proper jurisdiction over your divorce case.
If you were married in West Virginia, either you or your spouse must currently be a West Virginia resident when filing divorce papers; no minimum time period required. If you were married in another state, one spouse must have lived continuously in West Virginia for at least one year before filing the divorce petition.
Special rules apply for fault-based divorce based on adultery. If your spouse doesn't live in West Virginia and you're filing based on adultery, you must have been a West Virginia resident for at least one year before filing.
Where Should You File the Divorce Petition?
Choosing the correct county determines which circuit court handles your case. West Virginia law provides specific venue options based on where you and your spouse live.
If Your Spouse Lives in West Virginia
- The county where you last lived together as husband and wife
- The county where your spouse currently resides
If Your Spouse Lives Out of State
- The county where you last cohabitated
- The county where you currently live
Filing in the wrong county can delay your case or result in transfer to the proper venue, wasting time and potentially increasing court costs.
What Legal Grounds Do You Need to File for Divorce?
West Virginia law requires you to state legal grounds, a legally acceptable reason, for ending your marriage in your petition for divorce. You can choose between no-fault and fault-based divorce grounds.
No-Fault Divorce Options
Both spouses must agree in writing that irreconcilable differences exist, meaning the marriage cannot be saved, and you cannot get along. This ground requires mutual consent; if your spouse won't agree, you cannot use this option.
Voluntary Separation
You and your spouse have lived separate and apart in different residences without cohabitation for at least one continuous year. Unlike irreconcilable differences, this ground doesn't require your spouse's agreement. However, you must provide corroborating evidence through witness testimony proving the year-long separation.
Fault-Based Divorce Grounds
When you cannot obtain agreement for irreconcilable differences and haven't lived separately for one year, fault-based grounds may apply:
- Cruel or inhuman treatment
- Adultery (with clear and convincing evidence)
- Conviction of a felony
- Permanent and incurable insanity
- Habitual drunkenness or drug addiction
- Desertion for at least six months
- Abuse or neglect of a child
Fault-based divorce requires more evidence and typically results in more contentious, expensive proceedings than no-fault options.
What Forms Are Required to File for Divorce?
The West Virginia Judiciary provides official divorce forms free on the Supreme Court of Appeals website. Using these official forms ensures compliance with court requirements. Some counties may prefer their own forms, but the Supreme Court forms are acceptable statewide.
Required Documents
- Petition for Divorce
- Petitioner's Civil Case Information Statement for Domestic Relations Cases
- Information Requested by Division of Vital Statistics
- Financial Statement
- Fee Waiver Form (if you cannot afford court costs)
Additional Requirements Beyond the Above
- Bureau for Child Support Enforcement Application and Income Withholding Form
- Parent Education Registration Form
- Proposed Parenting Plan (if both parents agree)
- Worksheet for Individual Proposed Parenting Plan (if parents disagree)
- Motion to Adopt Individual Proposed Parenting Plan (if parents disagree)
Each form serves specific purposes in the divorce process. The divorce petition is the master document providing the family court judge with information about your marriage, children, grounds for divorce, and what relief you're requesting.
How Do You Complete the Petition for Divorce?
The divorce petition is the most important document in your filing; it initiates the legal process and tells the court what you want from the divorce.
Essential Information to Include
- Your name and your spouse's name
- Date and place of marriage
- Children's names and birth dates
- Grounds for divorce
- Date of separation
- Requests for property division, spousal support, child custody, and child support
- Whether you or your spouse meets residency requirements
You must sign the petition before a notary public. Inaccurate or incomplete petitions may be rejected or require amendment, delaying your case.
What Is the Civil Case Information Statement?
The Civil Case Information Statement for Domestic Relations Cases provides the circuit clerkwith essential information about your divorce case for filing and processing purposes.
This two-page form includes:
- Names and contact information for both spouses
- Whether children are involved
- How your spouse should be served with divorce papers
- Your spouse's physical address or location
You must submit one original and two copies of this statement. If you only provide a post office box rather than a physical address, service must occur by certified mail rather than personal delivery.
Why Is the Financial Statement Required?
The Financial Statement is a comprehensive document disclosing your complete financial picture. West Virginia law mandates full financial disclosure to ensure fair property division and appropriate support awards.
Information Required
- All sources of income (employment, investments, rental property, etc.)
- Real estate owned and its value
- Vehicles owned
- Bank accounts and balances
- Retirement accounts
- Stocks, bonds, and other investments
- Personal property of significant value
- Debts and liabilities (mortgages, car loans, credit cards, etc.)
- Monthly expenses
You must sign the financial statement 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
- Petition for Divorce: One original plus one copy (for service on spouse)
- Civil Case Information Statement: One original plus two copies
- Vital Statistics Form: One original
- Fee Waiver Affidavit: One original (if applicable)
- Financial Statement: One original plus one copy (for service on spouse)
- Child Support Forms: One original
- Parent Education Registration: One original
- Proposed Parenting Plan: One original plus one copy (for service on spouse)
Additionally, make complete copies of everything for your own records before filing. These copies help you track your case and reference filed documents during proceedings.
What Are the Court Costs for Filing?
Filing for divorce in West Virginia requires payment of court costs unless you qualify for a fee waiver. As of 2024, the standard filing fee is $135 paid to the circuit clerk when submitting divorce papers.
Additional Costs May Include
- Service of process fees ($20-$25 for sheriff service)
- Certified mail service fees ($20)
- Notary fees for signing documents
- Copy fees for obtaining forms from the clerk's office
Can You Get Court Costs Waived?
If you cannot afford to pay the filing fee and other court costs, you can request a fee waiver by completing the Fee Waiver Affidavit. This form requires full disclosure of your household income, assets, and expenses.
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 filing fee before the court will process your divorce petition.
Legal Aid of West Virginia may provide forms and assistance free of charge if you qualify based on income.
How Do You Serve Divorce Papers on Your Spouse?
After filing your divorce petition, you must provide your spouse with official notice through proper service of process. West Virginia law prohibits you from serving divorce papers directly to your spouse; an uninvolved third party must complete service.
Service Methods
If your spouse cooperates, they can sign an Acceptance of Service form acknowledging receipt of the divorce papers. You deliver the documents, your spouse signs the notarized form, and you file it with the court. This is the quickest and least expensive option.
Personal Service by Sheriff or Process Server
You can arrange for the circuit clerk to have the sheriff serve divorce papers personally on your spouse for approximately $25. Alternatively, any adult not involved in the case can serve the papers and complete an affidavit of service filed with the court.
Service by Certified Mail
You may ask the clerk to mail divorce papers to your spouse by certified mail for approximately $20. You cannot mail the documents yourself—the clerk's office must handle certified mail service.
Service by Publication
If you don't know your spouse's location or your spouse lives out of state and refuses to accept certified mail, you can request court permission to serve by publication (notice in an approved newspaper). This requires demonstrating you made diligent efforts to locate your spouse.
What Happens in Contested vs. Uncontested Divorce?
The path your divorce follows depends on whether you and your spouse agree on all terms or have disputes requiring court resolution.
Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all issues, including property division, spousal support, child custody, and child support. When you file with a complete settlement agreement, the divorce proceeds quickly, often resolving within a few months.
Benefits of Uncontested Divorce
- Lower costs (fewer attorney fees, no trial expenses)
- Faster resolution
- Less emotional stress
- Greater control over outcomes
- Privacy (no public trial)
Contested Divorce
A contested divorce means you and your spouse disagree on one or more issues. Even if you start with disagreements, many contested divorces ultimately settle before trial through negotiation or mediation.
Contested Divorce Process
- Extended discovery to gather financial information
- Multiple court hearings for temporary orders
- Possible mediation requirement
- Trial if settlement cannot be reached
- Lengthier timeline (often one year or more)
- Higher costs
What Role Does the Parenting Plan Play?
If you have minor children, West Virginia law requires a parenting plan addressing custody and visitation arrangements. The parenting plan details how you and your spouse will share parenting responsibilities post-divorce.
Required Elements
- Legal custody (decision-making authority)
- Physical custody schedule
- Holiday and vacation schedules
- Transportation arrangements
- Communication methods between parent and child
- Dispute resolution procedures
If both parents agree, you submit a joint Proposed Parenting Plan. If you cannot agree, each parent completes a Worksheet for Individual Proposed Parenting Plan and files a Motion to Adopt Individual Proposed Parenting Plan. The court will decide custody arrangements at a hearing or trial.
West Virginia law presumes that shared decision-making and equal allocation of parenting time serve children's best interests unless circumstances demonstrate otherwise.
Do You Need Parent Education?
West Virginia requires parents with minor children to complete approved parent education programs before finalizing a divorce. These classes address the impact of divorce on children and strategies for effective co-parenting.
You register for parent education by submitting the Parent Education Registration Form when filing for divorce. Completion of the program is mandatory before the court will grant the final decree in cases involving children.
What Temporary Orders Can You Request?
While your divorce proceeds toward final resolution, you can request temporary orders addressing immediate needs. Either spouse can file a motion for temporary relief at the time of filing or any time during the divorce process.
- Temporary spousal support
- Temporary child support and medical support
- Temporary parenting plan and custody arrangements
- Exclusive use of the marital home
- Exclusive use of vehicles
- Payment of mortgage, utilities, and other household expenses
- Attorney's fees and court costs
- Emergency protective orders in domestic violence situations
- Terms protecting marital property from dissipation
The court holds a hearing with both parties present to decide what temporary relief to order. These orders remain effective until the final decree or until modified by subsequent court orders.
Moving Forward with West Virginia Filing for Divorce
Filing for divorce in West Virginia requires careful attention to procedural requirements, accurate completion of forms, and compliance with residency requirements and court rules. From gathering the divorce petition, Civil Case Information Statement, Financial Statement, and other required documents, through paying court costs and properly serving divorce papers on your spouse, each step demands precision to avoid delays or rejected filings.
The West Virginia Judiciary provides comprehensive resources through the Supreme Court of Appeals website, including all necessary forms, instructions, and county-specific information. Legal Aid assists qualifying individuals with limited income, while contested divorce or complex financial situations benefit from attorney guidance in navigating property division, spousal support, and child custody determinations.
West Virginia law requires full financial disclosure through detailed Financial Statements, establishes grounds for divorce ranging from no-fault irreconcilable differences to fault-based grounds requiring evidence, and provides procedures for temporary orders addressing immediate needs during the divorce process.
Following proper filing procedures, meeting all court deadlines, and complying with West Virginia court requirements protects your rights and advances your case toward final resolution, whether through negotiated settlement or trial before the family court judge.