Filing for Divorce in West Virginia

Per West Virginia's own official Petitioner's Divorce Packet Instructions (Form SCA-FC-100), you may file for divorce in West Virginia ONLY if: (1) you or your spouse have lived in West Virginia for at least one year before the divorce is filed, OR (2) you now live in West Virginia and you and your spouse were married in West Virginia (no minimum duration required in that case). This tracks W. Va. Code § 48-5-105, which requires uninterrupted residency through the one-year period before filing for marriages entered into outside West Virginia, but only current bona fide residency (no minimum duration) for marriages entered into in West Virginia. A separate one-year residency rule applies if adultery is the sole ground and a nonresident respondent cannot be personally served.

W. Va. Code § 48-5-105

Source: courtswv.gov

No mandatory statutory separation/cooling-off period applies to the most common ground, Irreconcilable Differences, it is automatically claimed by filing the standard Petition for Divorce (unless crossed out) and is granted once the respondent files an Answer admitting irreconcilable differences and at least one party attends a final hearing; there is no minimum time the parties must have been separated. West Virginia does separately offer a One Year Separation ground, which requires the parties to have lived separate and apart, without cohabitation, for a full year, corroborated by at least one witness (not either party) at the final hearing, this is an alternative ground, not a universal wait applied to every case.

W. Va. Code § 48-5-201 (Irreconcilable Differences, no wait); § 48-5-202 (One Year Separation ground)

Source: courtswv.gov

$135 to file the Petition for Divorce, per West Virginia's official Petitioner's Divorce Packet Instructions (Form SCA-FC-100), this fee is stated as a standard, statewide amount in the official instructions (corroborated by matching $135 figures published on multiple individual county circuit clerk fee schedules). Additional service-of-process fees apply on top of the filing fee: $30 for personal service by the Sheriff's Department, or $20 for service by certified mail/restricted delivery.

Source: courtswv.gov

Form SCA-FC-101, "Petition for Divorce", an official, standardized, numbered statewide form published by the West Virginia Judiciary (part of the SCA-FC series, e.g., SCA-FC-100 instructions, SCA-FC-103 Civil Case Information Statement, SCA-FC-104 Vital Statistics form, SCA-FC-106 Financial Statement).

Source: courtswv.gov

Form SCA-C&M201, "Financial Affidavit and Application: Eligibility for Waiver of Fees, Costs, or Security in a Civil or Domestic Case," usable in Magistrate Court, Circuit Court, or Family Court. A related form, SCA-C&M202.03 ("Motion for Review: Eligibility for Waiver of Fees, Costs, or Security"), is used to seek court review if a fee-waiver request is denied.

Source: courtswv.gov

A statewide e-filing system (CourtPLUS E-File) became live in all counties as of July 15, 2024, following a county-by-county rollout that began years earlier. However, the system's own documentation is presented primarily under courtswv.gov's "legal-community" section, and West Virginia's official self-represented Petitioner's Divorce Packet Instructions (SCA-FC-100, revised 05/29/2024) describe only in-person paper filing at the Circuit Clerk's Office with no mention of e-filing for pro se divorce filers. Whether pro se filers can or must e-file a divorce petition specifically was not confirmed from a primary source in this pass, confirm with the county circuit clerk.

Source: courtswv.gov

How property is divided

Equitable distribution (not community property), with a statutory presumption favoring an equal (50/50) division of marital property under W. Va. Code § 48-7-101, subject to court discretion to depart from that presumption based on statutory factors, and separate rules for division when the parties have (§48-7-102) or lack (§48-7-103) a valid separation agreement.

Source: code.wvlegislature.gov

Court structure

Divorce cases are filed on paper with the Circuit Clerk's Office in the county of proper venue, but scheduling, conferences, and hearings in the case are conducted by the Family Court (a Case Coordinator handles conferences; a Family Court Judge conducts hearings) rather than a Circuit Court judge. This split between where the case is filed (Circuit Clerk) and who hears it (Family Court) is a distinctive feature of West Virginia's structure worth flagging for someone used to a single-court process.

Source: courtswv.gov

Child support guideline

Income Shares model under W. Va. Code § 48-13, administered in coordination with the West Virginia Bureau for Child Support Enforcement; combined parental gross monthly income sets a base support obligation that is then apportioned between the parents by income share.

Source: code.wvlegislature.gov

Parenting class requirement

Not confirmed either way from a primary source.

Required when minor children are involved. Per the official Petitioner's Divorce Packet Instructions (SCA-FC-100), each parent must complete a Parent Education Class conducted by court-approved instructors and must pay a $25 Parent Education Fee (unless fees have been waived); the class should be completed before the first hearing or the case may be delayed.

Source: courtswv.gov