Reviewed August 2026
Uncontested Divorce Checklist in West Virginia
A West Virginia divorce is uncontested when both spouses agree to end the marriage and neither disputes the Petition for Divorce after filing. The state's Irreconcilable Differences ground is automatically claimed on the standard petition unless the filer crosses it out. It needs no separation period, no witness, and no proof of fault. That makes it the state's fastest, lowest-friction path for couples who agree. West Virginia has no separate summary dissolution statute. The Irreconcilable Differences ground itself works as the simplified track. The case also splits across two courts. Filers submit paper forms to the Circuit Clerk's Office, but a separate Family Court actually hears the case. Some filers expect one office to handle everything from start to finish, and this setup surprises them.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under West Virginia law for people researching before they file. It is not legal advice, and Virdix does not prepare or file West Virginia paperwork. See how Virdix works for California divorces.
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What makes a West Virginia divorce uncontested
A case counts as uncontested when the respondent files an Answer admitting irreconcilable differences, or otherwise does not contest the petition. Both spouses also need to have resolved property, debt, and any custody and support issues. West Virginia's residency rule has two paths. If the marriage took place outside West Virginia, either spouse must have lived in the state for at least one year before filing. If the marriage took place in West Virginia, the filer only needs to be a current bona fide resident. No minimum duration applies in that case.
No separate summary track, but a fast no-fault ground
West Virginia has no distinct statutory summary or simplified dissolution track. Instead, the Irreconcilable Differences ground under West Virginia Code Section 48-5-201 works as the fast, uncontested path. It needs no separation period and no corroborating witness. It is automatically claimed on the standard Petition for Divorce unless the petitioner crosses it out. West Virginia separately offers a One Year Separation ground. That alternative requires the parties to have lived apart for a full year, corroborated by a witness who is not either party. Agreeing couples generally use Irreconcilable Differences instead.
Document checklist
A West Virginia filing centers on form SCA-FC-101, the Petition for Divorce, part of the state's numbered SCA-FC series. That series also includes SCA-FC-103, the Civil Case Information Statement; SCA-FC-104, a Vital Statistics form; and SCA-FC-106, a Financial Statement. The filing fee is $135. Service of process adds $30 for personal service by the Sheriff's Department, or $20 for certified mail. Filers who cannot afford these costs can submit form SCA-C&M201, the Financial Affidavit and Application for a fee waiver. It works in Magistrate Court, Circuit Court, or Family Court.
Is a hearing required
Yes, but not necessarily from both spouses. On the Irreconcilable Differences ground, the court grants the divorce once the respondent files an Answer admitting irreconcilable differences and at least one party attends the final hearing. The case can close without both spouses physically present, as long as one appears and the Answer has been filed. The One Year Separation ground, by contrast, also requires a corroborating witness to testify at that hearing.
Sources: West Virginia Code Chapter 48, Article 5, Divorce, West Virginia Judiciary, Divorce Forms, West Virginia Petitioner's Divorce Packet Instructions, form SCA-FC-100
Not independently confirmed
- Whether self-represented divorce filers can currently use the statewide CourtPLUS E-File system or must file on paper, since the official SCA-FC-100 instructions describe only in-person paper filing
- Whether every Family Court schedules the final hearing on the same general timeline once an Answer admitting irreconcilable differences is filed
Uncontested Divorce Checklist in West Virginia: frequently asked questions
What qualifies a West Virginia divorce as uncontested?+
The respondent files an Answer admitting irreconcilable differences, or otherwise does not contest the petition. Both spouses must also have resolved property, debt, and any custody and support terms. This ground needs no separation period and no proof of wrongdoing.
Does West Virginia have a simplified divorce process?+
No separate statute exists. The Irreconcilable Differences ground itself works as West Virginia's fast, uncontested track. It needs no separation period and no corroborating witness, and it's automatically claimed on the standard petition unless the filer crosses it out.
Do both spouses have to attend the final hearing in West Virginia?+
No. On the Irreconcilable Differences ground, the court grants the divorce once the respondent files an Answer admitting irreconcilable differences. At least one party, not necessarily both, must attend the final hearing.
What is the residency requirement for a West Virginia divorce?+
If the marriage took place outside West Virginia, one spouse must have lived in West Virginia continuously for a full year before filing. If the marriage took place in West Virginia, the filer only needs to be a current bona fide resident. No minimum duration applies in that case.
What forms do I need to file an uncontested West Virginia divorce?+
You need form SCA-FC-101, the Petition for Divorce, along with SCA-FC-103, the Civil Case Information Statement; SCA-FC-104, a Vital Statistics form; and SCA-FC-106, a Financial Statement. All are part of the state's numbered SCA-FC series of official forms.
What if I can't afford the West Virginia filing fee?+
File form SCA-C&M201, the Financial Affidavit and Application for Eligibility for Waiver of Fees, Costs, or Security. It works in Magistrate Court, Circuit Court, or Family Court, and can waive the $135 filing fee and related service costs.
This page is general information about uncontested divorce checklist in West Virginia, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with West Virginia's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in West Virginia. Virdix does not prepare or file West Virginia divorce paperwork. It is not a substitute for an attorney licensed in West Virginia.
More West Virginia divorce guides
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