The West Virginia Divorce Kit
See a different stateWest Virginia
West Virginia gives you the forms for free. What it doesn’t give you is the fact that your divorce isn’t heard in circuit court at all, or that “irreconcilable differences” — the ground almost everyone assumes they’ll use — only works if your spouse agrees to it in writing. Get that wrong and you’ve filed on the wrong ground. That’s this.
Put in the day you filed and this page works out every date in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.
1 · The three grounds, and what each one requires
West Virginia’s divorce petition form claims “irreconcilable differences” by default — that claim is printed on the form and stands unless it is struck out. It is worth knowing what that ground requires, because it is the only one of the three that depends on the other spouse’s cooperation. All three grounds West Virginia recognizes are set out below, with what each one requires and what each one costs in time or proof.
Residency comes first. W. Va. Code §48-5-105: where the marriage took place in West Virginia, either spouse need only live here now — there is no minimum duration. Where the marriage took place elsewhere, one spouse needs an uninterrupted year of residency here immediately preceding the filing of the action.one full year of continuous residency immediately before filing.
West Virginia does not let you e-file this yourself You file on paper
- Who may e-file
- Attorneys only. Trial Court Rule 15A.04: "Parties not represented by an attorney must file all Actions with the circuit clerk’s office, who shall electronically file the Actions upon receipt." CourtPLUS registration is limited to barred attorneys and government filers.
- Portal
- West Virginia Circuit and Family Courts E-File (CourtPLUS)
- Paper
- Required of you, and the clerk scans it in. This is the normal route, not a fallback.
- What it costs
- No portal fee published.
- Worth knowing
- West Virginia does have a statewide system covering family court, live in all 55 counties since July 2024 — but it is closed to you. Registration is limited to barred attorneys and government filers. You take your papers to the circuit clerk, and the clerk e-files them on your behalf. That is the intended route, not a workaround. Sealed documents are filed on paper by everyone, attorneys included.
Statewide e-filing system exists for family court and is live everywhere: 'As of Monday, July 15, 2024, the CourtPLUS E-File system is live throughout the entire state of West Virginia.' Registration is limited to WV-barred attorneys, pro hac vice attorneys, government filers and their authorized staff. source
Irreconcilable differences
The fastest ground West Virginia offers, and the one printed on the Petition by default. There is no fault to prove and no year of separation to wait out — but it is not established by the Petition alone.
Available only where this is true:
- The other spouse files an Answer that is signed, notarised, and admits that irreconcilable differences exist.
Until that Answer is actually filed, the ground is not established. Most petitioners never notice that the Petition claims this ground by default, which means they may be relying on a ground that requires the other spouse’s cooperation without having decided to.
One-year separation
A ground that does not depend on the other spouse agreeing to anything. It requires a completed year, and it requires corroboration.
Available only where all of these are true:
- The spouses have lived completely separate and apart — different residences, no cohabitation, no reconciliation attempts — for one full year or more.
- A corroborating witness, someone other than either spouse, can testify to the separation. One spouse’s own testimony alone is typically not enough.
Because it does not need the other spouse’s cooperation, a case can proceed on this ground where an Answer admitting irreconcilable differences never arrives.
Fault grounds
Grounds that work without the other spouse’s agreement, but that have to be pleaded specifically and proved. This is the category most likely to turn contested.
The fault grounds West Virginia recognizes are:
- Adultery.
- Cruelty.
- Desertion.
- A felony conviction.
- Habitual drunkenness or drug addiction.
- Incurable insanity.
- Abuse or neglect of a child.
Each requires the specific ground to be identified and proved, usually with corroborating evidence or witnesses. Where there is meaningful property or custody at stake, or the other spouse has a lawyer, this is the category where a consultation of your own matters most.
Where none of the three fits yet
West Virginia requires one of three things: the other spouse’s written admission of irreconcilable differences, a full year of completed separation, or a provable fault ground. A case with none of them has no ground to proceed on yet.
What that generally leaves:
- Waiting until a full year of separation has been completed.
- Reaching an agreement with the other spouse so an Answer admitting irreconcilable differences can be filed.
- Talking to a family law attorney about whether a fault ground genuinely fits.
Legal Aid of West Virginia (866-255-4370) can help those who qualify for free services.
2 · Every form West Virginia publishes for a divorce
The complete list, not a shortlist — because which forms a case needs depends on facts only you and, if you need one, your lawyer can weigh. Each row says when the form applies and carries the revision date a circuit clerk checks. West Virginia uses the same divorce packet whichever ground a case runs on, so most rows read “All grounds”; the parenting forms are the ones that turn on facts. Every form here is free from the West Virginia Judiciary.
| Form | What it is | Route | Rev. | |
|---|---|---|---|---|
| SCA-FC-100 | Petitioner’s Divorce Packet Instructions — read this first | All grounds | 02/26 | Download |
| SCA-FC-101 | Petition for Divorce | All grounds | 08/24 | Download |
| SCA-FC-103 | Petitioner’s Civil Case Information Statement | All grounds | 07/26 | Download |
| SCA-FC-104 | Information Requested by Division of Vital Statistics | All grounds | 03/26 | Download |
| SCA-FC-106 | Financial Statement | All grounds | 04/26 | Download |
| SCA-FC-120 | Parenting Plan Instructions | Minor children | 02/26 | Download |
| SCA-FC-121 | Parenting Plan (filed jointly where the parents agree) | Minor children | 12/24 | Download |
| SCA-FC-128 | Worksheet for Individual Proposed Parenting Plan | Minor children, terms not agreed | 07/26 | Download |
| SCA-FC-129 | Motion to Adopt Individual Proposed Parenting Plan | Minor children, terms not agreed | 03/26 | Download |
| SCA-FC-105 | Acceptance of Service — where the other spouse will sign voluntarily | All grounds | 03/26 | Download |
| SCA-FC-115 | Servicemembers Civil Relief Act Waiver | All grounds | 07/26 | Download |
| SCA-FC-110 | Affidavit of Out-of-State or Unknown Residency — only where an address is unknown | All grounds | 03/26 | Download |
| SCA-FC-111 | Order of Publication — only where service is by publication | All grounds | 03/26 | Download |
| SCA-FC-314 | Certificate of Service | All grounds | 03/26 | Download |
| SCA-FC-100A | Respondent’s Divorce Answer Packet Instructions — for the responding spouse | All grounds | 02/26 | Download |
| SCA-FC-108 | Answer to Divorce Petition — the responding spouse files this | All grounds | 07/24 | Download |
| SCA-FC-114 | Respondent’s Civil Case Information Statement — the responding spouse files this | All grounds | 02/26 | Download |
Every one of these is free. Download fresh each time — clerks reject superseded revisions, and saved copies go stale. Full catalog: courtswv.gov/public-resources/court-forms/divorce-forms.
3 · Two courts, one confusing name — and how filing actually works
This is the single most distinctive thing about West Virginia’s system, and almost nothing prepares people for it.
Your divorce is not heard in circuit court
West Virginia runs a completely separate Family Court — its own judges, its own docket, its own rules — that has exclusive jurisdiction over divorce, annulment, and separate maintenance under W. Va. Code §51-2A-2. There are 48 family court judges covering 27 family court circuits statewide. Circuit court, by contrast, handles general civil and criminal cases and hears appeals — including appeals from family court decisions in domestic-violence matters. Your case will be decided by a family court judge, not a circuit judge.
West Virginia’s own petitioner instructions (form SCA-FC-100) are explicit: your Petition for Divorce is filed with the Circuit Clerk’s office in the proper county, which then dockets it into family court. There is no separate “family court clerk” window to look for — walk into the circuit clerk’s office, and that’s the right place, even though a family court judge will ultimately decide your case.
Where to file
File in the county where the respondent lives, where you and your spouse last lived together, or — if you can’t determine the respondent’s address — your own current county.
No self-serve e-filing for pro se litigants
West Virginia’s Circuit/Family Courts e-filing system exists, but it’s built for attorneys, government agencies, and authorized staff — not for self-represented parties, and it isn’t active in every county even for the users it does serve. In practice, if you’re representing yourself, you file on paper at the circuit clerk’s counter. That’s normal here, not a sign you’re doing something wrong.
Legal Aid of West Virginia runs a free guided interview tool (through LawHelp Interactive) that walks you through generating your divorce and custody paperwork question-by-question, and the courts publish full instruction packets for both sides: SCA-FC-100 (Petitioner) and SCA-FC-100A (Respondent). Start with legalaidwv.org’s guided self-help forms if you want the interview version instead of blank PDFs.
Signing and notarizing
Don’t sign the verification section of your Petition until you’re in front of a notary public. Several of the required forms — the Petition, the Financial Statement, and especially an Acceptance of Service — need to be signed under oath, not just signed. If a fault ground is your path, you’ll also need a corroborating witness, since your own testimony alone generally isn’t enough to prove one.
Getting your spouse served
You have options, and the cheapest one only works if your spouse is cooperative:
| Method | Fee | Respondent’s time to answer |
|---|---|---|
| Acceptance of Service (SCA-FC-105) | $0 | 20 days* |
| Sheriff’s Department | $30 | 20 days* |
| Certified mail / restricted delivery | $20 | 20 days* |
| Private process server | varies | 20 days* |
| Publication (address unknown / out-of-state and unreachable) | $100+ (newspaper cost) | 30 days |
The Petitioner’s packet (SCA-FC-100) states the Respondent has 20 days to answer after personal, certified-mail, or acceptance-of-service delivery, and 30 days if served by publication. The Respondent’s own packet (SCA-FC-100A) states 30 days across the board, regardless of method. Don’t guess — the deadline on the papers actually served on your spouse controls, so read the date printed on your specific service documents, and confirm it with the circuit clerk before you calendar anything off this kit’s default.
4 · Your deadlines, calculated
Most of West Virginia’s clock runs off two dates: when you filed, and when your spouse was served. Put them in and we’ll turn the rules into actual dates — then add the whole thing to Google Calendar, Apple Calendar or Outlook in one click.
5 · The order it actually happens in
6 · The rejection-proofing checklist
These are the specific things that trip up West Virginia filings — most of them are invisible until they cost you weeks.
The ground itself
The Petition form claims irreconcilable differences unless that claim is crossed out — most petitioners never notice that the ground printed on the form is the one ground that depends on the other spouse’s cooperation. That ground is established only when a signed, notarised Answer admitting it is filed. Where no such Answer arrives, the case does not proceed on irreconcilable differences, and West Virginia’s other two grounds — a completed year of living separate and apart, or a fault ground that can be proved — are what remain. A petition may state more than one ground; the grounds and what each requires are set out in Section 1.
Forms people forget
Timing
W. Va. Code §51-2A-2(b) allows concurrent circuit court jurisdiction when there’s no child custody or child support at issue and you file an executed property settlement agreement with your petition. This is unusual and county practice varies — check with your circuit clerk before assuming which courtroom you’ll end up in if this applies to you.
7 · The Financial Statement
Form SCA-FC-106, required in every case. If children or spousal support are involved, expect to back it up with real documentation.
West Virginia calculates child support using the Income Shares model set out in W. Va. Code §48-13, administered through the Bureau for Child Support Enforcement (bcse.wv.gov). If support is on the table, apply for BCSE services directly at bcse.wv.gov/page/application — this runs alongside your divorce case rather than through a courtswv.gov form.
8 · What this costs
West Virginia’s court fees are flat statewide — $135 to file, regardless of county. What varies is the county-typical cost of hiring an attorney if you decide you need one. The attorney figures below are illustrative, member-reported ranges from a small sample of Cusp users in each county — not an official fee schedule, and not a quote for your case.
| Item | Cost |
|---|---|
| Filing fee (SCA-FC-101 Petition, statewide) | $135 |
| Sheriff service of process | $30 |
| Certified mail / restricted delivery service | $20 |
| Parent education class, per parent (if minor children) | ~$25 |
| Service by publication, if address unknown | $100+ |
| Typical all-in, doing it yourselves | $160–$285 |
| County | Court fees | Attorney cost, member-reported (illustrative) |
|---|---|---|
| Kanawha | $135 + service | $1,500–$4,500 uncontested · $6,000+ contested |
| Berkeley | $135 + service | $1,800–$5,000 uncontested · $7,000+ contested |
| Monongalia | $135 + service | $1,600–$4,800 uncontested · $6,500+ contested |
Ask the circuit clerk for a fee waiver affidavit — West Virginia allows the $135 filing fee (and related service costs) to be waived based on financial need, documented with an affidavit of income and expenses. The parent education class fee can also be waived. The clerk’s office can point you to the exact affidavit; it isn’t a numbered SCA-FC form.
What this is. A guide to West Virginia’s own process, built from the West Virginia Code (Chapter 48, articles 5, 9, and 13; and §51-2A-2 governing family court jurisdiction), the official SCA-FC divorce and family court forms and instruction packets published by the West Virginia Judiciary at courtswv.gov, and published guidance from Legal Aid of West Virginia and the Bureau for Child Support Enforcement. The forms themselves are free and this kit links you to them rather than reselling them.
What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what West Virginia requires of each path. If your case involves contested custody, a business, hidden assets, domestic violence, or a spouse with a lawyer, talk to an attorney. Legal Aid of West Virginia (866-255-4370) offers free help to those who qualify, and many private attorneys offer free consultations — one hour of advice is cheaper than filing on the wrong ground.
Where sources disagreed or a number could change. West Virginia’s own petitioner and respondent instruction packets state different deadlines for the Answer (see Section 3’s trap). County-level attorney costs in Section 8 are illustrative member-reported figures, not official data. Family court circuit boundaries, e-filing county availability, and any fee not printed on an official form can shift — where this kit couldn’t verify a number with confidence, it says to check with your circuit clerk rather than guessing.
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