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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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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