Divorce in West Virginia, start to finish
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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 deadline 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.
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.
Which forms do you actually need?
Your route and its conditions, the forms grouped by route, how filing actually works in West Virginia, and the sequence with its costs.
First, which route you are on. Each one opens to the conditions the rule actually sets.
Irreconcilable differences
Available only where this is true:
- The other spouse files an Answer that is signed, notarized, and admits that irreconcilable differences exist.
One-year separation
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.
Fault grounds
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.
Where none of the three fits 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.
Grouped exactly as West Virginia labels them, and nothing is added. Every one links to the official PDF.
All grounds 13 forms
- SCA-FC-100 — Petitioner’s Divorce Packet Instructions — read this first
- SCA-FC-101 — Petition for Divorce
- SCA-FC-103 — Petitioner’s Civil Case Information Statement
- SCA-FC-104 — Information Requested by Division of Vital Statistics
- SCA-FC-106 — Financial Statement
- SCA-FC-105 — Acceptance of Service — where the other spouse will sign voluntarily
- SCA-FC-115 — Servicemembers Civil Relief Act Waiver
- SCA-FC-110 — Affidavit of Out-of-State or Unknown Residency — only where an address is unknown
- SCA-FC-111 — Order of Publication — only where service is by publication
- SCA-FC-314 — Certificate of Service
- SCA-FC-100A — Respondent’s Divorce Answer Packet Instructions — for the responding spouse
- SCA-FC-108 — Answer to Divorce Petition — the responding spouse files this
- SCA-FC-114 — Respondent’s Civil Case Information Statement — the responding spouse files this
Minor children 2 forms
- SCA-FC-120 — Parenting Plan Instructions
- SCA-FC-121 — Parenting Plan (filed jointly where the parents agree)
Minor children, terms not agreed 2 forms
- SCA-FC-128 — Worksheet for Individual Proposed Parenting Plan
- SCA-FC-129 — Motion to Adopt Individual Proposed Parenting Plan
West Virginia does not let you e-file this yourself
The checklist is not something you file. It is your worktable — what to do, in what order, and what it costs. The forms are what reaches the court, and this is how they get there in West Virginia.
- 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.
Each step with the forms it names and the money it costs. The full detail of every step is in the section below. Print this part.
| # | Step | Forms it names | Cost |
|---|---|---|---|
| 1 | Confirm residency and pick your ground | None named | — |
| 2 | File your Petition packet with the Circuit Clerk | None named | $135, |
| 3 | Get your spouse served then their answer clock starts | SCA-FC-105 | $30 · $20 |
| 4 | Respondent files an Answer | None named | — |
| 5 | Complete the parent education class before mediation or the final hearing | None named | $25 |
| 6 | File a proposed Parenting Plan before the first hearing | SCA-FC-128 | — |
| 7 | Attend the scheduled hearing(s) | None named | — |
| 8 | Final Order | None named | — |
Every figure here is this page’s own, from the costs section below. A fee waiver application is free to file and is listed with the forms above.
| 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 |
The short version8 points · tap one to jump to it
- 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.
- Every form West Virginia publishes for a divorce — 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.
- Two courts, one confusing name — and how filing actually works
- Your deadlines, calculated — Most of West Virginia's clock runs off two dates: when you filed, and when your spouse was served.
- The order it actually happens in
- The rejection-proofing checklist — 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.
- The Financial Statement — Form SCA-FC-106, required in every case.
- What this costs — West Virginia's court fees are flat statewide — $135 to file, regardless of county.
In this subject 8
1 · The three grounds, and what each one requires
The short version8 points · tap one to jump to it
- 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.
- Every form West Virginia publishes for a divorce — 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.
- Two courts, one confusing name — and how filing actually works
- Your deadlines, calculated — Most of West Virginia's clock runs off two dates: when you filed, and when your spouse was served.
- The order it actually happens in
- The rejection-proofing checklist — 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.
- The Financial Statement — Form SCA-FC-106, required in every case.
- What this costs — West Virginia's court fees are flat statewide — $135 to file, regardless of county.
In this subject 8
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.
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, notarized, 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 guide’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, notarized 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.
Does cheating change the money in West Virginia?
It can. Marital conduct is a factor the court is allowed to weigh. The rule: “the court shall consider and compare the fault or misconduct of either or both of the parties” (§ 48-8-104). How all fifty states answer this.
Reconciled, and it did not work? In West Virginia that has a legal name and it can bar the ground outright: condonation, state by state. If the decision itself is what you are sitting with rather than the law, start here.
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 guide 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 guide couldn’t verify a number with confidence, it says to check with your circuit clerk rather than guessing.
Four things can happen to the house in a West Virginia divorce
West Virginia is not one of the twenty states where filing freezes both spouses automatically. That is not permission to sell: either of you can still ask a court for an order, and one may already exist in your case. But the automatic-order trap is not one you fall into here.
One of you buys the other out, you sell later, you sell now, or the court decides. For a great many people the right answer is not to sell at all – and three of the four routes earn us nothing.
The four routes, compared · Keeping it: the buyout and the carrying cost · Selling: capital gains, basis and timing · Finding an agent who has done a divorce sale · What two households cost
Need a vetted attorney, mediator, or financial analyst in West Virginia?
Browse The Cusp’s professional directory — rated only by verified clients, never ranked by who paid the most.
Browse the directory →The Cusp · All 50 state kits · Find a professional · About
Ask for an introduction to an agent → — who we would introduce you to, what the referral fee is and who pays it, and why the answer is sometimes that you should not sell at all.
Everything we have written about West Virginia specifically. Every figure on these pages is quoted from West Virginia’s own statute or its courts’ own published schedule, and carries the date we last checked it.
- Modifying support after divorce
- Modifying custody and parenting time after divorce
- Check your state’s rules in one place (modification checker)
- What it costs to file
- Child custody
- Child support
- Guardians ad litem and child representation
- Travel, custody and relocation
- Alimony
- Property, support and legal fees
- Protective orders
- Changing your name back
- Legal help you can afford
- Verified professionals
The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.
Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.
All 17 West Virginia divorce forms, listed by the number the clerk will ask for — 17 with an official form number, 17 linked straight to the state’s own file, each with its revision date where the state publishes one. Open the West Virginia form list →
Common questions about filing for divorce in West Virginia
Short answers to what people ask most before they start. Each one points at the part of this page that covers it in full.
How do I file for divorce in West Virginia?
This page sets out the order it happens in for West Virginia: which form opens the case, what has to be served on the other person and when, and what the court needs before it will finish. It is written to be followed in sequence rather than read through.
What forms do I need to file for divorce in West Virginia?
The form list on this page gives the official West Virginia form numbers, each one’s revision date, and a link to the copy on the court’s own site rather than a copy hosted here. Using a superseded revision is one of the most common reasons a filing comes back, which is why the dates are shown.
How much does it cost to file for divorce in West Virginia?
$135 to open the case, and that is only the filing fee — it does not cover service, copies, any required class, or a lawyer. The full breakdown for West Virginia, with every figure traced to the court’s own published schedule and dated, is at what it costs to file in West Virginia.
What gets a West Virginia divorce filing rejected?
This page has a section on exactly that — the specific mistakes that get a filing returned in West Virginia rather than a general list. Most of them are procedural and cost weeks rather than money: the wrong form revision, a missing signature or notarization, service done in a way the state does not accept, or filing before a residency requirement is met.
How long does a divorce take in West Virginia?
There is a timeline on this page built from West Virginia’s own statutory day-counts, not from averages. The honest short answer is that the waiting period is a floor and not a prediction: an uncontested case can finish close to it, and a contested one is governed by the court’s calendar rather than the statute.
Where does the information on this page come from?
West Virginia’s own courts and statutes. Every form links to the court’s site, every fee is quoted from the published schedule with the date it was last checked, and where something could not be confirmed from an official source this site says so instead of estimating. It is free, with no account and no paywall.
Does cheating change the money in West Virginia?
It can. Marital conduct is a factor West Virginia allows the court to weigh, which is not the same as a rule that decides the outcome — it sits alongside need, earning capacity and the length of the marriage, and how much weight it gets is the judge’s. Eighteen states are in this position. The fifty-state table sets out the section this comes from, and the card higher up this page quotes your state’s own words.
Choosing an agent for a divorce sale is a different problem from choosing one for an ordinary sale: who the agent is allowed to talk to, who has to sign, what happens when one of you will not, and the three separate conflicts of interest that come up when one spouse found the agent first. How to choose a real estate agent for a divorce sale sets out what to ask, and how to check a credential yourself — no divorce credential is official with the National Association of Realtors.
The Cusp receives a referral fee from agents it vets and trains to handle divorce clients.
Key deadlines at a glance
These are the same deadlines the calculator above works out, shown as days counted from the day you file or the day your spouse is served. Use the calculator for your exact dates.
Do you have minor children together? No · Was your spouse served by publication? No
| Step | When | What it means |
|---|---|---|
| Petition filed with the Circuit Clerk | The day you file | The $135 filing fee is due now. This dockets your case into Family Court, even though you filed it with the circuit clerk’s office. |
| Spouse served | The day your spouse is served (or signs a waiver) | Their answer clock starts now. |
| Their Answer is due (per SCA-FC-100) | 20 days after service | 20 days from service. West Virginia’s own respondent packet (SCA-FC-100A) instead states 30 days regardless of method — confirm the exact date from your spouse’s actual service papers. |
Do you have minor children together? No · Was your spouse served by publication? Yes
| Step | When | What it means |
|---|---|---|
| Petition filed with the Circuit Clerk | The day you file | The $135 filing fee is due now. This dockets your case into Family Court, even though you filed it with the circuit clerk’s office. |
| Spouse served | The day your spouse is served (or signs a waiver) | Their answer clock starts now. |
| Their Answer is due (per SCA-FC-100) | 30 days after service | 30 days from first publication. West Virginia’s own respondent packet (SCA-FC-100A) instead states 30 days regardless of method — confirm the exact date from your spouse’s actual service papers. |
Do you have minor children together? Yes · Was your spouse served by publication? No
| Step | When | What it means |
|---|---|---|
| Petition filed with the Circuit Clerk | The day you file | The $135 filing fee is due now. This dockets your case into Family Court, even though you filed it with the circuit clerk’s office. |
| Spouse served | The day your spouse is served (or signs a waiver) | Their answer clock starts now. |
| Their Answer is due (per SCA-FC-100) | 20 days after service | 20 days from service. West Virginia’s own respondent packet (SCA-FC-100A) instead states 30 days regardless of method — confirm the exact date from your spouse’s actual service papers. |
| Target: parent education class completed by around here | 45 days after service | No fixed statutory day-count is published — it must be done before mediation or the final hearing, whichever comes first. This date is a planning placeholder, not a deadline. |
Do you have minor children together? Yes · Was your spouse served by publication? Yes
| Step | When | What it means |
|---|---|---|
| Petition filed with the Circuit Clerk | The day you file | The $135 filing fee is due now. This dockets your case into Family Court, even though you filed it with the circuit clerk’s office. |
| Spouse served | The day your spouse is served (or signs a waiver) | Their answer clock starts now. |
| Their Answer is due (per SCA-FC-100) | 30 days after service | 30 days from first publication. West Virginia’s own respondent packet (SCA-FC-100A) instead states 30 days regardless of method — confirm the exact date from your spouse’s actual service papers. |
| Target: parent education class completed by around here | 45 days after service | No fixed statutory day-count is published — it must be done before mediation or the final hearing, whichever comes first. This date is a planning placeholder, not a deadline. |
Your county
Divorce rules are set by the state, but each county or court has its own forms, deadlines, classes and filing habits. Choose yours.
Or go straight to your county or court:
Berkeley County (call to confirm)Cabell County (call to confirm)Kanawha County (call to confirm)Monongalia County (call to confirm)Raleigh County (call to confirm)Wood County (call to confirm)Berkeley County Call or check the court website to confirm
Statewide Family Court rules and statewide divorce forms apply here. Twenty-Fourth Family Court Circuit (Berkeley and Jefferson Counties); Family Court is at Suite 2400, Berkeley County Judicial Center, 304-267-3740. The official county page lists the clerk and family court contacts but no county-specific divorce rules, so any local requirements should be confirmed with the Circuit Clerk. The statewide packet notes that the affidavit of publication is mailed to the clerk in some counties and to the petitioner in others.
Who to contact: Circuit Clerk: Berkeley County Judicial Center, 380 West South Street, Suite 2200, Martinsburg, WV 25401, 304-264-1918
Where this comes from
- https://www.courtswv.gov/public-resources/court-information-county/berkeley_county
- https://www.courtswv.gov/legal-community/court-rules/rules-of-practice-procedure-family-court
- https://www.courtswv.gov/sites/default/pubfilesmnt/2026-02/SCA-FC-100.pdf
- https://www.courtswv.gov/public-resources/court-forms/divorce-forms
Last checked 2026-11-10. Tell us if this is out of date
Cabell County Call or check the court website to confirm
Statewide Family Court rules and statewide divorce forms apply here. Sixth Family Court Circuit; Family Court is at 402 8th Street, Second Floor, Huntington. The official county page lists the clerk and family court contacts but no county-specific divorce rules, so any local requirements should be confirmed with the Circuit Clerk. The statewide packet notes that the affidavit of publication is mailed to the clerk in some counties and to the petitioner in others.
Who to contact: Circuit Clerk: Cabell County Courthouse, 750 Fifth Avenue, Huntington, WV 25701, 304-526-8622
Where this comes from
- https://www.courtswv.gov/public-resources/court-information-county/cabell_county
- https://www.courtswv.gov/legal-community/court-rules/rules-of-practice-procedure-family-court
- https://www.courtswv.gov/sites/default/pubfilesmnt/2026-02/SCA-FC-100.pdf
- https://www.courtswv.gov/public-resources/court-forms/divorce-forms
Last checked 2026-11-10. Tell us if this is out of date
Kanawha County Call or check the court website to confirm
Statewide Family Court rules and statewide divorce forms apply here. Eleventh Family Court Circuit; five family court suites at the Kanawha County Judicial Building, 111 Court Street, Charleston. The official county page lists the clerk and family court contacts but no county-specific divorce rules, so any local requirements should be confirmed with the Circuit Clerk. The statewide packet notes that the affidavit of publication is mailed to the clerk in some counties and to the petitioner in others.
Who to contact: Circuit Clerk: Kanawha County Judicial Building, 111 Court Street, Charleston, WV 25301, 304-357-0440
Where this comes from
- https://www.courtswv.gov/public-resources/court-information-county/kanawha_county
- https://www.courtswv.gov/legal-community/court-rules/rules-of-practice-procedure-family-court
- https://www.courtswv.gov/sites/default/pubfilesmnt/2026-02/SCA-FC-100.pdf
- https://www.courtswv.gov/public-resources/court-forms/divorce-forms
Last checked 2026-11-10. Tell us if this is out of date
Monongalia County Call or check the court website to confirm
Statewide Family Court rules and statewide divorce forms apply here. Twentieth Family Court Circuit (Monongalia and Preston Counties); Family Court is in the Monongalia County Justice Center, 75 High Street, Morgantown. The official county page lists the clerk and family court contacts but no county-specific divorce rules, so any local requirements should be confirmed with the Circuit Clerk. The statewide packet notes that the affidavit of publication is mailed to the clerk in some counties and to the petitioner in others.
Who to contact: Circuit Clerk: Monongalia County Justice Center, 75 High Street, Suite 12, Morgantown, WV 26505, 304-291-7240
Where this comes from
- https://www.courtswv.gov/public-resources/court-information-county/monongalia_county
- https://www.courtswv.gov/legal-community/court-rules/rules-of-practice-procedure-family-court
- https://www.courtswv.gov/sites/default/pubfilesmnt/2026-02/SCA-FC-100.pdf
- https://www.courtswv.gov/public-resources/court-forms/divorce-forms
Last checked 2026-11-10. Tell us if this is out of date
Raleigh County Call or check the court website to confirm
Statewide Family Court rules and statewide divorce forms apply here. Thirteenth Family Court Circuit (Raleigh, Summers and Wyoming Counties); Family Court is at the Raleigh County Judicial Center, 222 Main Street, Beckley. The official county page lists the clerk and family court contacts but no county-specific divorce rules, so any local requirements should be confirmed with the Circuit Clerk. The statewide packet notes that the affidavit of publication is mailed to the clerk in some counties and to the petitioner in others.
Who to contact: Circuit Clerk: Raleigh County Judicial Center, 222 Main Street, Beckley, WV 25801, 304-255-9135
Where this comes from
- https://www.courtswv.gov/public-resources/court-information-county/raleigh_county
- https://www.courtswv.gov/legal-community/court-rules/rules-of-practice-procedure-family-court
- https://www.courtswv.gov/sites/default/pubfilesmnt/2026-02/SCA-FC-100.pdf
- https://www.courtswv.gov/public-resources/court-forms/divorce-forms
Last checked 2026-11-10. Tell us if this is out of date
Wood County Call or check the court website to confirm
Statewide Family Court rules and statewide divorce forms apply here. Third Family Court Circuit (Wood and Pleasants Counties); Family Court is at 313 and 315 Market Street, Parkersburg. The official county page lists the clerk and family court contacts but no county-specific divorce rules, so any local requirements should be confirmed with the Circuit Clerk. The statewide packet notes that the affidavit of publication is mailed to the clerk in some counties and to the petitioner in others.
Who to contact: Circuit Clerk: Wood County Judicial Building, 2 Government Square, Room 131, Parkersburg, WV 26101, 304-424-1700
Where this comes from
- https://www.courtswv.gov/public-resources/court-information-county/wood_county
- https://www.courtswv.gov/legal-community/court-rules/rules-of-practice-procedure-family-court
- https://www.courtswv.gov/sites/default/pubfilesmnt/2026-02/SCA-FC-100.pdf
- https://www.courtswv.gov/public-resources/court-forms/divorce-forms
Last checked 2026-11-10. Tell us if this is out of date
Not listed? Your county clerk of court can tell you the local rules. These are general information from court and clerk pages, last checked 2026-11-10, not legal advice.
Serving the papers in West Virginia? Sheriff, a process server, or certified mail through the clerk; not you. Sources disagree on the deadline: 20 days or 120 days. (As we read the rules on 29 October 2026.) See who can serve a divorce summons and whether you can do it yourself, and find West Virginia in our state-by-state serving table.
Stay current
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How we can help
Understand the house first. Then talk to someone who gets it.
The house is usually the largest decision in a divorce, and the one people are least ready for. Here is what we do, in the order that makes sense.
1. Start with the facts, free
22 states have automatic orders that freeze both spouses the moment a divorce is filed, barring either one from selling or borrowing against the property. Is yours one of them?
Plain-English guides on what can happen to the house, what an automatic order stops you doing, and how the tax rules decide what a sale is worth. No account and nothing to buy.
- The four things that can happen to the house
- Selling the house: who signs, and the tax rules
- Keeping the house: the buyout and the carrying cost
2. Know when not to call an agent
Often the right answer is to wait, or to talk to your lawyer or an accountant first. We say so plainly. An agent is the wrong first call if nothing is filed, or if an order restricts what either of you can do with the property.
3. Talk to someone who gets it
When you do need an agent, we introduce you to a local agent who has completed our divorce real estate training and passed its 20-question exam. Before any introduction we check the license with the state regulator (any unresolved disciplinary action is a no), the agent’s closed sales, and a review rating of 4.7 or better. The introduction is free, and you are free to say no.
Ask for an introductionHow we are paid
You pay us nothing. Agents are not charged for the training, the exam or the free resources. If an introduction leads to a closed sale, the agent’s brokerage pays a referral fee out of its own commission, not out of your proceeds. A place on the panel cannot be bought.
General information, not legal or tax advice. The Cusp is not a law firm.
Selling a home in a divorce: what to ask a local listing agent
Selling the house is often the largest single decision in a divorce. These questions help you judge whether an agent has done it before. They do not replace your lawyer, who should approve the plan before anything is listed.
- Have you sold homes where both spouses had to sign, or where a court had to approve the sale? How many, and how recently?
- Does filing already restrain a sale in my state? Check the 50-state table and ask my lawyer before we sign anything.
- Who decides on price changes and which offers to accept when we disagree, and how will that be written down?
- Who pays the mortgage, taxes and insurance until closing, and what does the listing agreement say about it?
- Where will the sale proceeds be held until the decree says who gets what?
- How will you handle showings, access and lockboxes if we are not speaking?
- Will you give both spouses and both lawyers the same information at the same time?
- What happens to the listing agreement if we settle, reconcile or the case is delayed? What are the cancellation terms?
- Can I have your fee terms in writing and the names of past clients who sold during a divorce?