How to File for Divorce in West Virginia

In West Virginia, divorces are handled by the Family Court (with limited matters in Circuit Court). West Virginia uses equitable distribution and offers both no-fault irreconcilable differences and fault grounds. Many cases resolve on paperwork plus a brief hearing.

Requirements to File

At least one spouse must reside in West Virginia when the case begins. Residency pathways can vary based on where the marriage or grounds occurred, so choose the proper county Family Court (often where either spouse lives or where you last lived together). There is no universal post-filing waiting period, but timing is affected by service, disclosures, settlement, and the court calendar.

Step-by-Step Process

Step 1: Choose your path and prepare forms.
Decide between no-fault irreconcilable differences or a fault ground. Prepare a Petition for Divorce, Summons, and financial disclosures. If you have children, add a Parenting Plan; parent education may be required.

Step 2: File with the clerk.
File at the Family Court clerk for the proper county. Pay the filing fee or request a fee waiver if payment is a hardship. You’ll receive a case number and file-stamped copies.

Step 3: Serve your spouse.
Use sheriff or process server, certified mail where allowed, or a signed acceptance of service. If you cannot locate your spouse despite diligent search, request alternate service. Keep proof of service.

Step 4: Observe deadlines and exchange disclosures.
A respondent typically has a civil answer window (often about 20 days) to respond after service. Exchange complete financial information early to keep settlement and any support reviews on track.

Step 5: Settlement or hearing.
If you settle, file a Marital Settlement Agreement, child-related orders if applicable, and a proposed Final Order. If disputes remain, expect case management, mediation, and hearings.

Step 6: Final decree.
After review (and any required appearance), the judge issues a Final Order of Divorce covering property/debt division, spousal support if any, custody/parenting time, child support, and any name change. Obtain certified copies.

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FAQs

Do we need to be separated before filing in West Virginia?
No. Separation is not required to file; most couples use irreconcilable differences to keep the process simple.

Which court handles divorces in West Virginia?
The Family Court for your county, with limited matters handled in Circuit Court.

How long does a West Virginia divorce take?
There is no fixed statewide waiting period; timing depends on service, disclosures, settlement, and the court calendar.