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Divorce in West Virginia: forms, cost, and how to file

A plain-English overview of getting an uncontested divorce in West Virginia — the residency rule, the no-fault ground, the filing fee, and the official forms — from LawCat, a free service built by attorneys.

Official West Virginia court forms →

West Virginia divorce at a glance

Residency requirement
1 year (either spouse), or no duration if married in WV and one spouse resides there.
No-fault ground
Two no-fault grounds: (1) irreconcilable differences — only if respondent files an answer admitting them (mutual); (2) living separate and apart for 1 continuous year (unilateral). Residency: 1 year, UNLESS the marriage was performed in WV and one party is a…
Filing fee
$135 to the circuit clerk. Fee waiver: official Fee Waiver Forms page on courtswv.gov (Financial Affidavit + waiver order).
Child support
Income shares model (W. Va. Code 48-13, BCSE formula). Worksheet A (primary custody) / Worksheet B (shared) filed with the Financial Statement SCA-FC-106; BCSE online calculator available.
E-filing (self-represented)
CourtPLUS circuit/family e-filing is restricted to attorneys, pro hac vice, and government users — NOT available to self-represented litigants, who file paper with the circuit clerk. File &…
County differences
Low — statewide SCA-FC packet mandated across all family courts; some county sites republish the same packet with local cost sheets.
Official statewide forms
Yes. Official statewide Family Court divorce packets: SCA-FC-100 Petitioner's Divorce Packet (instructions) with SCA-FC-101 Petition, SCA-FC-103 Civil Case Information Statement, SCA-FC-104 Vital Statistics form…

Official source: West Virginia court forms & self-help. Always confirm current forms and fees with the court before filing.

Coming soon

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 works

Why 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.

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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.

This page is general information about West Virginia’s court process, not legal advice for your situation, and LawCat is not a law firm. Forms and fees change — verify with the official court source above. Reviewed 2026.