West Virginia divorce at a glance
Official source: West Virginia court forms & self-help. Always confirm current forms and fees with the court before filing.
How to file for divorce in West Virginia: step by step
West Virginia offers a mutual irreconcilable-differences divorce or a one-year separation. Here is the path to a Final Divorce Order.
- Confirm you can file in West Virginia
One spouse must have lived in WV for 1 year (or you married here and one spouse still lives here). The no-fault grounds are irreconcilable differences (if the other spouse admits them) or a one-year separation.Source: W. Va. Code § 48-5-201 - Generate your forms
Prepare the Petition for Divorce using the statewide SCA-FC packet, plus your Financial Statement.Source: WV SCA-FC packet - File with the Family Court
File with the Family Court and pay about $135, or file the Financial Affidavit + fee-waiver order.Source: WV fee-waiver forms - Serve your spouse
Serve your spouse; for the irreconcilable-differences ground, the other spouse files an answer admitting them.Source: W. Va. R. Fam. Ct. P. - Complete the child-support worksheet (if children)
If you have children, complete Worksheet A (primary) or B (shared) with the Financial Statement (SCA-FC-106).Source: W. Va. Code § 48-13 - Attend the hearing
Attend a brief hearing; the Family Court enters the Final Divorce Order.Source: Final Divorce Order
What does filing “pro se” (without a lawyer) mean in West Virginia?
Pro se — also called self-represented — means you handle your own divorce without hiring an attorney. In West Virginia you have the right to file your own divorce, and the court publishes the official forms for you to use. The large majority of uncontested divorces, where both spouses agree the marriage is over and can agree on the terms, are handled pro se every day.
Filing pro se is usually a good fit when: you both agree on the divorce, you can agree on splitting property and debts, and any parenting time and support are worked out. It’s worth talking to a lawyer when: you disagree about custody or money, one spouse hides assets or won’t cooperate, there’s a business or significant property to divide, or there has been any abuse.
LawCat prepares your West Virginia pro-se divorce documents for free and walks you through every filing step — so doing it yourself never means doing it alone.
How child support is calculated in West Virginia
Income-shares model; Worksheet A (primary) / B (shared) filed with the Financial Statement. (W. Va. Code 48-13)
Because West Virginia uses an income-shares approach, the exact number comes from an official table based on both parents’ combined income. Use your court’s official child-support calculator for a precise figure.
How long does a West Virginia divorce take?
No fixed post-filing waiting period; the one-year separation ground requires the year of living apart first. After that, the timeline depends on the court’s calendar and how quickly each step is completed. An uncontested, pro-se divorce is typically the fastest path — most of the wait is the statutory period, not paperwork.
Common reasons West Virginia divorce filings get rejected
- Missing signatures, or forms that aren’t notarized where the court requires it.
- Skipping the financial disclosure both spouses are required to exchange.
- Filing before meeting the residency requirement.
- Mistakes serving the other spouse, or forgetting to file the proof of service.
- Not following local county rules. Low. The statewide SCA-FC packet is mandated across all family courts.
LawCat’s guided questions and filing checklist are built to prevent exactly these — the errors that send self-represented filers back to the clerk’s window.
West Virginia document generation is on the way
LawCat already prepares complete divorce packets free in New York, Massachusetts, and New Jersey, and is expanding to West Virginia. In the meantime, the official West Virginia court forms are linked below.
Official West Virginia forms → See how it worksWhy LawCat is free
Most “online divorce” sites charge $137–$499 for the same public court forms, and some add monthly fees. LawCat gives document preparation away because it is built by a law firm that helps people who later decide they want an attorney. You keep the free documents either way.
Compare divorce filing fees in every state →
West Virginia divorce FAQ
Do I need a lawyer to get divorced in West Virginia?
No. West Virginia allows you to file for divorce yourself (pro se). LawCat prepares your West Virginia divorce documents free, and you pay only the court’s filing fee. You can hire an attorney at any point if your case becomes complicated.
How long do I have to live in West Virginia to file for divorce?
1 year (either spouse), or no duration if married in WV and one spouse resides there.
How much does it cost to file for divorce in West Virginia?
$135 to the circuit clerk. Fee waiver: official Fee Waiver Forms page on courtswv.gov (Financial Affidavit + waiver order). With LawCat your documents are free, so the filing fee is typically your only unavoidable cost — and it can often be waived if you can’t afford it.