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West Virginia Divorce Petition

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Introduction

A West Virginia divorce petition, which the state simply titles the Petition for Divorce, is the formal legal pleading one spouse (the Petitioner) files to ask the Family Court to legally end the marriage. You submit it through the Circuit Clerk of your county's Circuit Court, and a Family Court judge then hears the matter. Before that petition can proceed, at least one party must have been a bona fide resident of West Virginia for the one year immediately preceding the filing, though that durational requirement disappears when the marriage was performed in West Virginia and at least one spouse still lives here when the action is commenced (W. Va. Code § 48-5-105). West Virginia sets no statutory waiting or 'cooling-off' period between filing and entry of the decree, so an uncontested case can conclude as soon as the Family Court's schedule and service rules allow. You may file on the no-fault ground of irreconcilable differences (§ 48-5-201), which requires no separation, on one year of voluntary separation (§ 48-5-202), or on a fault ground. The case is a 'divorce,' not a 'dissolution of marriage,' and the spouses are the Petitioner and the Respondent.

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Key Things to Know

  1. 1

    Definition: The Petition for Divorce is the formal legal pleading a spouse uses in West Virginia to open a case and ask the Family Court to end the marriage, filed by the Petitioner, with the other spouse named as the Respondent.

  2. 2

    Residency: At least one party must have been a bona fide resident of West Virginia for the one year immediately preceding the filing. That one-year period is waived when the marriage was performed in West Virginia and at least one party is a resident when the action is commenced (W. Va. Code § 48-5-105).

  3. 3

    Grounds: West Virginia allows both no-fault and fault divorces. The no-fault grounds are irreconcilable differences (§ 48-5-201) and voluntary separation for one year (§ 48-5-202), while fault grounds include cruel or inhuman treatment, adultery, desertion, habitual drunkenness or drug addiction, felony conviction, and abuse of a child or spouse (§§ 48-5-203 to 48-5-209).

  4. 4

    Separation: You do not need to be separated to file on irreconcilable differences. A one-year period of living separate and apart is required only if you proceed on the distinct voluntary-separation ground under § 48-5-202.

  5. 5

    Waiting Period: West Virginia imposes no statutory mandatory waiting or 'cooling-off' period between filing the petition and entry of the final decree, so timing is driven by the Family Court's calendar rather than a fixed delay.

  6. 6

    Forms and Court: The self-represented packet uses the SCA-FC 'Petition for Divorce' with a Civil Case Information Statement and a Family Court 'Summons' served on the Respondent. You file with the Circuit Clerk of the county's Circuit Court, and the Family Court of West Virginia decides the case.

  7. 7

    Fee and Property: The filing fee is roughly $135 and varies slightly by county, so confirm the amount with your local Circuit Clerk. Marital assets and debts are divided under equitable distribution (W. Va. Code § 48-7-101 et seq.), a fair division rather than an automatic 50/50 split.

Key decisions before you file

Before you file a Divorce Petition in West Virginia, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Filing a Divorce Petition in West Virginia

A divorce petition in West Virginia is the Petition for Divorce that opens your case and asks the Family Court to end the marriage. The Petitioner files it, and the Respondent receives notice and a chance to respond. Confirming a few state-specific rules before you draft anything will keep your filing on track.

Meeting the Residency Test

West Virginia requires that at least one party have been a bona fide resident of the state for the one year immediately preceding the filing. That one-year requirement does not apply when the marriage was performed in West Virginia and at least one spouse still lives here when the action is commenced (W. Va. Code § 48-5-105). Verify which path fits your situation first, because residency is the threshold question the Family Court checks.

Where You File and What to Call It

Although the Family Court of West Virginia decides the case, you file the Petition for Divorce with the Circuit Clerk of your county's Circuit Court, and the Family Court division then hears it. The state calls the case a "divorce," never a "dissolution of marriage," and refers to the spouses as the Petitioner and the Respondent, so use those labels consistently in your caption and pleadings.

Choosing Your Grounds

West Virginia recognizes both no-fault and fault grounds. You may proceed on irreconcilable differences (W. Va. Code § 48-5-201), which requires no separation at all, or on voluntary separation after living separate and apart for one continuous year (§ 48-5-202). Fault grounds remain available too, including cruel or inhuman treatment, adultery, desertion, habitual drunkenness or drug addiction, felony conviction, and abuse of a child or spouse (§§ 48-5-203 to 48-5-209).

Forms, Fee, and Timing

The self-represented packet centers on the SCA-FC "Petition for Divorce," paired with a Civil Case Information Statement and a Family Court Summons to serve on the Respondent. Budget roughly $135 for the filing fee, which varies slightly by county. West Virginia sets no statutory waiting or "cooling-off" period between filing and entry of the decree, so an uncontested case can conclude as soon as the Family Court's calendar and service rules allow.

Dividing Property

Marital assets and debts are divided under equitable distribution (W. Va. Code § 48-7-101 et seq.), which means the Family Court seeks a fair result rather than an automatic 50/50 split. Listing your property and debts early, with supporting records, strengthens your position.

Next Steps

Complete and file your Divorce Petition with the correct Circuit Clerk, attach the Civil Case Information Statement, and arrange for the Summons to reach the Respondent. Confirm your residency basis, choose the ground that fits your circumstances, and set aside the roughly $135 fee so your West Virginia Family Court case moves forward without avoidable delay.

West Virginia Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: At least one party must have been a bona fide resident of West Virginia for one year immediately preceding the filing; however, if the marriage was performed in West Virginia....

Residency (County)

Must file in the correct county Family Court of West.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. The two no-fault grounds are 'irreconcilable differences' (W. Va. Code § 48-5-201) and 'voluntary separation' / living separate and apart for one year (W. Va. Code §....

Waiting Period

Mandatory waiting period: No statutory mandatory waiting or 'cooling-off' period between filing and entry of the divorce decree..

Required Forms

Must file correct state forms: Petition for Divorce (with a Civil Case Information Statement) and a Summons; the state's self-represented....

Property Division

Property is divided according to: Equitable distribution (W. Va. Code § 48-7-101 et seq.). laws.

Filing Fee

Filing fee is typically Approximately $135 (filing fee varies slightly by county). unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition in West Virginia is the 'Petition for Divorce' that one spouse files to start a divorce case. The filing spouse is the Petitioner and the other spouse is the Respondent. You file it with the Circuit Clerk of your county's Circuit Court, and the Family Court of West Virginia hears the case and enters the divorce decree.

In West Virginia there is no practical difference, because the state calls the case a 'divorce,' not a 'dissolution of marriage.' Some other states use 'dissolution of marriage' as their statutory term, but West Virginia does not. Here you file a Petition for Divorce, the spouses are the Petitioner and the Respondent, and the Family Court enters a divorce decree. A 'divorce petition' in West Virginia is simply the correct name for the document that a 'dissolution' petition would be called elsewhere.

At least one party must have been a bona fide resident of West Virginia for the one year immediately preceding the filing. However, if the marriage was performed in West Virginia and at least one party resides here when the action is commenced, the one-year requirement does not apply (W. Va. Code § 48-5-105).

West Virginia offers both no-fault and fault grounds. The two no-fault grounds are irreconcilable differences (§ 48-5-201) and voluntary separation, meaning living separate and apart for one year (§ 48-5-202). Fault grounds include cruel or inhuman treatment, adultery, desertion, habitual drunkenness or drug addiction, felony conviction, and abuse of a child or spouse (§§ 48-5-203 to 48-5-209).

No, not if you file on irreconcilable differences, which requires no separation at all. A one-year period of living separate and apart is required only when you proceed on the separate voluntary-separation ground under § 48-5-202.

West Virginia sets no statutory mandatory waiting or 'cooling-off' period between filing and entry of the divorce decree. Timing therefore depends on the Family Court's calendar and on completing service on the Respondent, so an uncontested case can move quickly.

The filing fee is approximately $135 and varies slightly by county, so confirm the exact amount with your local Circuit Clerk. If you cannot afford the fee, you can ask the court for a waiver.

West Virginia follows equitable distribution (W. Va. Code § 48-7-101 et seq.). The Family Court divides marital assets and debts fairly under state law, which is not necessarily an automatic 50/50 split.