Filing for divorce can feel overwhelming. When you break it down step by step, the process becomes much more manageable. West Virginia uses a dedicated Family Court system for all divorce cases. Here is exactly what to expect.
Before You File: Documents to Gather
- Marriage certificate
- Both spouses’ Social Security numbers and dates of birth
- Children’s names, birth dates, and Social Security numbers
- Recent pay stubs / proof of income
- Bank and investment account statements (3–6 months)
- Property deeds and mortgage statements
- Vehicle titles
- Retirement and pension account statements
- List of shared debts
Step 1: Choose Your Grounds
- Irreconcilable differences — both agree; no separation period needed
- Voluntary separation for one year — only one must agree; must have lived apart continuously
- Fault-based grounds — adultery, cruelty, drug/alcohol addiction, desertion, etc.
Most people file on irreconcilable differences or voluntary separation. Fault is rarely worth the added complexity.
Step 2: Complete the Divorce Forms
- Petition for Divorce
- Family Court Civil Cover Sheet
- Proposed Parenting Plan (if minor children are involved)
- Financial Disclosure Statement
WV Judiciary Self-Help Forms — courtswv.gov
Step 3: File at the Circuit Clerk’s Office
Take your completed forms to the Circuit Clerk in the county where you or your spouse lives. Filing fee: $135. If you cannot afford this, ask about a fee waiver (In Forma Pauperis).
Step 4: Serve Your Spouse
Your spouse (the Respondent) must be formally served. Options include personal service by the sheriff, certified mail, or a voluntary Acceptance of Service form. They then have 20 days to file a response.
Step 5: Spouse’s Response
If they agree on all terms → uncontested path. If they disagree → contested case. If they do not respond within 20 days → you may proceed by default.
Step 6: Temporary Orders
Either spouse can request temporary orders during the process covering who lives in the family home, temporary custody, child support, and bill responsibilities.
Step 7: Financial Disclosures
Both spouses exchange complete financial information — income, assets, debts, and expenses — to help the court make fair decisions.
Step 8: Mediation
WV courts require mediation in most counties before a contested hearing. A neutral mediator helps both parties reach agreements. Cost: typically $100–$250/hour, split between spouses.
Step 9: Settlement or Contested Hearing
Uncontested: Submit a written Settlement Agreement; judge reviews and signs the Final Order.
Contested: Judge holds a hearing, hears evidence, and rules on all unresolved issues.
Step 10: Final Divorce Order
Once the judge signs, your marriage is legally dissolved. The order covers property division, custody, child support, and alimony. Get certified copies — you will need them for name changes, refinancing, and updating beneficiary designations.
Uncontested: 30–90 days | Contested: 6 months to 2+ years | Default (no response): 30–60 days after default entered
Resources
This page is for informational purposes only and does not constitute legal advice.