How to File for Divorce in West Virginia (2026)
Reviewed by DocDraft Legal Team · West Virginia · Last updated 2026-05-18
Ending a marriage in West Virginia follows West Virginia-specific family law from the first filing. The asset rule is equitable distribution (a fair, not automatically equal, split); the no-fault ground is available on irreconcilable differences. You must satisfy the residency requirement first: If the marriage was entered into in West Virginia, one of the parties must be an actual bona fide resident at the time of filing, with no residency duration required. If the marriage was not entered into in West Virginia, one party must have been a West Virginia resident at the time the cause of action arose, or have become a resident since that time, and the residency must have continued uninterrupted through the 1-year period immediately preceding the filing of the action. For adultery-based grounds, one party must be a bona fide resident at the time of filing. What follows is the West Virginia process, forms, and the controlling statute, W. Va. Code §§ 48-5-201 to 48-5-209.
Key Considerations
Support after the marriage ends follows a different track: Spousal support may be awarded based on 20 enumerated factors at § 48-6-301 including the duration of marriage, age and physical/emotional condition of each party, monthly income of each party, distribution of marital property, ability of each party to pursue gainful employment, financial needs of each party, legal obligations to support self and others, opportunity for future acquisition of capital assets, conduct of the parties during the marriage, and tax consequences. See W. Va. Code § 48-6-301.
How West Virginia splits assets turns on its fair-but-not-equal equitable-distribution rule. Equitable distribution: marital property is presumed to be divided equally between the parties; the court may alter this presumption based on 4 enumerated factors at § 48-7-103 including the contribution to the acquisition, the contribution of either party as homemaker or to the care of the children, the unequal expenditure of marital property by one of the parties, and the dissipation or appropriation of marital property. Separate property remains with the owning spouse. The controlling authority is W. Va. Code §§ 48-7-101 to 48-7-103.
Where children are involved, West Virginia applies an income-shares model Income-shares model under W. Va. Code Chapter 48 Article 13; both parents' gross income is applied to the Basic Child Support Schedule with adjustments for extended shared parenting (when each parent has 35% or more of overnights), health insurance, and child-care. See W. Va. Code §§ 48-13-101 to 48-13-805, with the official calculator.
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Relevant Documents
West Virginia filers use the following: Form SCA-FC-100 (Petition for Divorce); accompanied by Family Court Case Information Sheet, Financial Statement (SCA-FC-106), and Vital Statistics Form
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
West Virginia Code §48-5-201 - No-Fault Divorce
West Virginia allows for no-fault divorce based on 'irreconcilable differences' or after living separate and apart for one year. This means you don't have to prove your spouse did something wrong to get divorced, making the process potentially less contentious.
West Virginia Code §48-7-101 - Equitable Distribution
West Virginia is an 'equitable distribution' state, meaning marital property is divided fairly (though not necessarily equally) between spouses. The court considers factors such as length of marriage, contributions to the marriage, and economic circumstances when dividing property.
West Virginia Code §48-6-301 - Alimony/Spousal Support
The court may award spousal support to either party based on factors including income, earning capacity, length of marriage, standard of living during marriage, and contributions as a homemaker. Support can be temporary, permanent, or rehabilitative.
West Virginia Code §48-9-101 - Child Custody
West Virginia courts determine child custody based on the 'best interests of the child' standard. The state favors arrangements that allow children to maintain relationships with both parents when appropriate and safe.
West Virginia Code §48-13-101 - Child Support
West Virginia uses the Income Shares Model to calculate child support, which considers both parents' incomes and the number of children. The guidelines aim to ensure children receive the same proportion of parental income they would have received if the parents lived together.
West Virginia Code §48-5-105 - Residency Requirements
To file for divorce in West Virginia, at least one spouse must be a resident of the state for at least one year prior to filing, or if the marriage was performed in West Virginia and one spouse still resides there.
Regional Variances
Northern West Virginia
Monongalia County has a specialized family court system that typically processes divorces more quickly than other counties. The county also offers free mediation services through the court for couples with children, which is not universally available in other jurisdictions.
Ohio County courts often require additional financial disclosure documentation beyond the state minimum requirements. They also have specific local rules regarding custody evaluations that may require parents to undergo more extensive psychological evaluations than in other counties.
Southern West Virginia
As the most populous county containing Charleston (the state capital), Kanawha County courts typically have longer waiting periods for divorce hearings due to case volume. However, they offer more extensive self-help resources at the courthouse for pro se litigants than most other counties.
Raleigh County has implemented a unique co-parenting education requirement that exceeds the state minimum. Parents must complete an 8-hour course (versus the standard 4-hour course elsewhere) before a divorce involving children can be finalized.
Eastern Panhandle
Berkeley County has experienced significant population growth, resulting in longer processing times for divorces. The county also has stricter enforcement of financial disclosure deadlines with automatic sanctions for missed deadlines, unlike the more flexible approach in other counties.
Jefferson County courts have adopted specialized procedures for high-asset divorces due to the county's proximity to Washington D.C. and higher average income. These cases are often assigned to judges with financial expertise and may involve more extensive discovery requirements.
Suggested Compliance Checklist
Verify jurisdiction first: If the marriage was entered into in West Virginia, one of the parties must be an actual bona.
Before filing days after startingIf the marriage was not entered into in West Virginia, one party must have been a West Virginia resident at the time the cause of action arose, or have become a resident since that time, and the residency must have continued uninterrupted through the 1-year period immediately preceding the filing of the action. For adultery-based grounds, one party must be a bona fide resident at the time of filing. This is set by W. Va. Code § 48-5-105.
State the grounds
Before filing days after startingTwo no-fault grounds: (1) irreconcilable differences (mutual consent required by both spouses); and (2) separation of the parties for a period of 1 year without cohabitation. Fault grounds under § 48-5-201 et seq.: cruel and inhuman treatment; false accusation of adultery or sexual misconduct; reasonable apprehension of bodily hurt; abuse of a child; habitual drunkenness or addiction; adultery; conviction of a felony; permanent and incurable insanity (with 3-year confinement); and willful abandonment or desertion for 6 months (W. Va. Code §§ 48-5-201 to 48-5-209).
Start the action: file the petition with the court
At filing days after startingForm SCA-FC-100 (Petition for Divorce); accompanied by Family Court Case Information Sheet, Financial Statement (SCA-FC-106), and Vital Statistics Form Expect a filing fee of $135 filing fee for a Petition for Divorce in Family Court. A fee waiver is available: Financial Affidavit Application for Waiver (Form SCA-C&M201) waives filing fees on showing of inability to pay.
Exchange financial disclosures and serve the other spouse
After filing days after startingServe the petition and any required financial-disclosure forms, then file proof of service before the matter is heard.
Finalize the decree
After filing days after startingOnce the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage.
Plan for the mandatory timing rule
Final step days after startingThere is no statutory cooling-off period for irreconcilable-differences divorces in West Virginia; the Family Court schedules a hearing once pleadings are complete. For a default divorce on a fault ground, the court must wait at least 20 days after service before entry Set by W. Va. Code Chapter 48 Article 5 (no general waiting period statute).
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Verify jurisdiction first: If the marriage was entered into in West Virginia, one of the parties must be an actual bona. | If the marriage was not entered into in West Virginia, one party must have been a West Virginia resident at the time the cause of action arose, or have become a resident since that time, and the residency must have continued uninterrupted through the 1-year period immediately preceding the filing of the action. For adultery-based grounds, one party must be a bona fide resident at the time of filing. This is set by W. Va. Code § 48-5-105. | - | Before filing |
| State the grounds | Two no-fault grounds: (1) irreconcilable differences (mutual consent required by both spouses); and (2) separation of the parties for a period of 1 year without cohabitation. Fault grounds under § 48-5-201 et seq.: cruel and inhuman treatment; false accusation of adultery or sexual misconduct; reasonable apprehension of bodily hurt; abuse of a child; habitual drunkenness or addiction; adultery; conviction of a felony; permanent and incurable insanity (with 3-year confinement); and willful abandonment or desertion for 6 months (W. Va. Code §§ 48-5-201 to 48-5-209). | - | Before filing |
| Start the action: file the petition with the court | Form SCA-FC-100 (Petition for Divorce); accompanied by Family Court Case Information Sheet, Financial Statement (SCA-FC-106), and Vital Statistics Form Expect a filing fee of $135 filing fee for a Petition for Divorce in Family Court. A fee waiver is available: Financial Affidavit Application for Waiver (Form SCA-C&M201) waives filing fees on showing of inability to pay. | divorce-petition | At filing |
| Exchange financial disclosures and serve the other spouse | Serve the petition and any required financial-disclosure forms, then file proof of service before the matter is heard. | - | After filing |
| Finalize the decree | Once the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage. | - | After filing |
| Plan for the mandatory timing rule | There is no statutory cooling-off period for irreconcilable-differences divorces in West Virginia; the Family Court schedules a hearing once pleadings are complete. For a default divorce on a fault ground, the court must wait at least 20 days after service before entry Set by W. Va. Code Chapter 48 Article 5 (no general waiting period statute). | - | Final step |
Frequently Asked Questions
$135 filing fee for a Petition for Divorce in Family Court Financial Affidavit Application for Waiver (Form SCA-C&M201) waives filing fees on showing of inability to pay
West Virginia uses equitable distribution (a fair, not automatically equal, split). Equitable distribution: marital property is presumed to be divided equally between the parties; the court may alter this presumption based on 4 enumerated factors at § 48-7-103 including the contribution to the acquisition, the contribution of either party as homemaker or to the care of the children, the unequal expenditure of marital property by one of the parties, and the dissipation or appropriation of marital property. Separate property remains with the owning spouse. See W. Va. Code §§ 48-7-101 to 48-7-103.
Two no-fault grounds: (1) irreconcilable differences (mutual consent required by both spouses); and (2) separation of the parties for a period of 1 year without cohabitation. Fault grounds under § 48-5-201 et seq.: cruel and inhuman treatment; false accusation of adultery or sexual misconduct; reasonable apprehension of bodily hurt; abuse of a child; habitual drunkenness or addiction; adultery; conviction of a felony; permanent and incurable insanity (with 3-year confinement); and willful abandonment or desertion for 6 months. The governing statute is W. Va. Code §§ 48-5-201 to 48-5-209.
If the marriage was entered into in West Virginia, one of the parties must be an actual bona fide resident at the time of filing, with no residency duration required. If the marriage was not entered into in West Virginia, one party must have been a West Virginia resident at the time the cause of action arose, or have become a resident since that time, and the residency must have continued uninterrupted through the 1-year period immediately preceding the filing of the action. For adultery-based grounds, one party must be a bona fide resident at the time of filing. This is set by W. Va. Code § 48-5-105.
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