How to File an Uncontested Divorce in West Virginia

To file an uncontested divorce in West Virginia, you and your spouse must agree on every major issue — property, debts, support, and any arrangements for children — then file a standardized petition with the Circuit Clerk in your county, serve your spouse, and appear briefly before a Family Court judge who signs the final decree. The filing fee is $135, the ground is almost always irreconcilable differences, and the whole process moves faster than a contested case because no one is arguing in front of a judge.

Who Qualifies for an Uncontested Divorce

Two things have to be true. First, you have to meet West Virginia’s residency rule. If you were married inside the state, at least one spouse needs to be a current resident when you file, with no minimum length of time. If you were married somewhere else, at least one spouse must have lived in West Virginia continuously for the full year before filing.¹ The statute uses the phrase “actual bona fide resident,” which means you have to actually live here and intend to stay. A mailing address or a vacation property is not enough, and a spouse who challenges residency can get the case dismissed before the court ever looks at the substance.

Second, you and your spouse have to agree on everything. That means property division, who takes which debts, whether one of you will pay spousal support, and if you have children, custody, visitation, and child support. If the agreement falls apart at any stage, the case can shift onto the contested track.

Filing on Irreconcilable Differences

Nearly every uncontested divorce in West Virginia is filed on the ground of irreconcilable differences. The family court can grant a divorce when the petition alleges irreconcilable differences and the other spouse files an answer admitting that allegation.² Nobody has to prove fault, and no witnesses are needed to confirm the marriage has broken down.

The order matters. The petitioner files first and lists irreconcilable differences as the ground. The respondent then files an answer admitting it. If the respondent refuses to admit irreconcilable differences, the case cannot proceed on this ground, and the petitioner would have to either prove a fault-based ground or wait for the respondent to come around. The petition must also list the names of any dependent children of either spouse.²

The Forms You File

The West Virginia Supreme Court of Appeals publishes standardized divorce forms, and petitioners must use them. The core documents are the Petition for Divorce (SCA-FC-101) and a Civil Case Information Statement (SCA-FC-103), which the court uses for its administrative records.³ A full packet with instructions (SCA-FC-100) is available on the judiciary’s website or in person from your Circuit Clerk.

Financial Disclosure

Both spouses must fully disclose their assets and debts within 40 days after the summons is served, or sooner if the court orders it.⁴ The statute specifically requires disclosure of real property, savings accounts, stocks and bonds, mortgages, life insurance, health insurance coverage, business interests, tangible personal property, employment income, and any future financial interests, whether vested or not.⁵ You can disclose individually or jointly. Hiding assets or lying on these forms can lead to sanctions, an unfavorable property split, or a reopened case after the divorce is final, and in serious cases it can bring perjury charges.

The Property Settlement Agreement

This is the central document. It functions as a binding contract between you and your spouse, laying out exactly who gets what, who pays which debts, and how any ongoing obligations like spousal support will work. Once the judge incorporates it into the final order, it becomes enforceable by the court.

West Virginia follows equitable distribution, and the statute actually presumes an equal split unless specific factors justify a different result.⁶ In an uncontested case you negotiate the division yourselves, but the judge still reviews the agreement to make sure it is not wildly one-sided. Marital property covers almost anything acquired during the marriage regardless of whose name is on the title, including homes, vehicles, bank accounts, retirement savings, and business interests, along with debts used for shared purposes. Separate property, which generally stays with the owner, includes assets owned before the marriage and individual inheritances or gifts. Be careful with commingling: an inheritance deposited into a joint account or used to improve a shared property can become partly marital.

Spousal support is open to negotiation too. Unlike child support, West Virginia uses no formula. If you agree on an amount and term in your settlement agreement, the court will typically honor it. Keep in mind that for divorce agreements executed after December 31, 2018, federal tax law treats alimony as non-deductible for the payer and non-taxable for the recipient, which changes how a given dollar amount actually lands.

Parenting Plan and Child Support Worksheet

If you have minor children, your agreement must include a Parenting Plan (SCA-FC-121) and a Child Support Worksheet. The Parenting Plan establishes which parent the children live with, the visitation schedule, and how major decisions about education and healthcare will be made. The custody schedule you write into this plan directly drives the child support numbers, so it needs to match how the children will actually spend their time. A 50/50 schedule on paper that does not match reality will shortchange the parent who has the children most of the time.⁷

Child support itself follows the income shares model and uses one of two mandatory worksheets:

Worksheet A, when one parent has the children at least 65% of overnights (roughly 238 or more nights a year).
Worksheet B, for extended shared parenting where each parent has the children at least 35% of overnights.

Health insurance premiums for the children and work-related child care costs are built into the calculation. Even in an uncontested case, your agreement has to follow the formula unless the court specifically approves a deviation.

Filing, the Fee, and Serving Your Spouse

Once the paperwork is signed, you file with the Circuit Clerk in the county where at least one spouse lives.³ The filing fee is $135, plus service costs.⁸ If you cannot afford the fee, you can request a waiver by filing a financial affidavit with the court.

Your spouse has to be formally notified. The simplest route in an uncontested case is having the respondent sign an Acceptance of Service (SCA-FC-105), which confirms they received the papers and skips the need for sheriff delivery.⁹ If that is not practical, the sheriff’s office can serve the papers for about $30. The respondent then has 20 days to file an answer.⁸ In an uncontested case, the answer admits irreconcilable differences and signals agreement with the proposed terms.

The Parent Education Class

If your divorce involves minor children, the family court will order both parents to attend a parent education class.¹⁰ The only online program approved by the Supreme Court of Appeals of West Virginia is called “Children in Between Online.” It takes about four hours and can be completed across multiple sessions within a 30-day access window. Your Circuit Clerk’s office provides the registration code. The fee is typically $25. The court can impose sanctions for failing to complete it, so treat it as a prerequisite and get it done early to avoid delays at the final hearing.

The Final Hearing

After the respondent’s answer is filed, the court schedules a final hearing before a Family Court judge. At least one spouse must attend.⁸ The hearing is short in an uncontested case. The judge reviews the Property Settlement Agreement, confirms both spouses understand and accept the terms, and checks that any child-related provisions meet state standards. The court can approve, modify, or reject the agreement and can issue orders on spousal support, custody, child support, and property.²

Once the judge signs the Final Divorce Decree, the Circuit Clerk records it and the marriage is legally over. Request several certified copies from the clerk. You will need them to update your name with the Social Security Administration and the DMV, retitle property, and close or divide financial accounts.

Restoring a Former Name

Either spouse can ask to have a former name restored as part of the decree. If you include the request in your petition or answer, the court is required to grant it. The statute uses “shall,” so the judge has no discretion to deny it.¹¹ The court then issues a one-page certificate of divorce reflecting the name change, which works as legal proof for a driver’s license and other identification.

If you forget to ask during the divorce, you lose this free option. A standalone name change petition under a separate part of the code requires its own filing fee (typically around $200), a one-year county residency requirement, and a legal advertisement published before the hearing. Building the request into the divorce itself saves money and time.

Things to Handle Around the Divorce

Retirement Accounts

Retirement accounts earned during the marriage are marital property, but you cannot simply withdraw funds from a 401(k) or pension and hand them over. Dividing them requires a Qualified Domestic Relations Order (QDRO), a separate court order that directs the plan administrator to pay a specified portion to the non-participant spouse. A QDRO has to identify both spouses by name and address, specify the amount or percentage, name the plan, and state the time period covered.¹² It cannot require the plan to pay more than it otherwise would or offer a benefit the plan does not provide. It can be part of the decree or a separate document, but handling it promptly avoids complications if the account holder changes jobs or the plan’s terms change.

Health Insurance

Losing coverage through a spouse’s employer plan is one of the most immediate practical consequences of divorce. If the spouse’s employer has 20 or more employees, federal COBRA rules allow you to continue coverage for up to 36 months. You must notify the plan administrator within 60 days of the divorce, and once you receive the election paperwork, you have another 60 days to opt in. The cost is up to 102% of the full premium. For employers with 2 to 19 workers, West Virginia’s state continuation law provides up to 12 months of coverage, also typically at 102% of the full premium. Divorce also triggers a 60-day Special Enrollment Period on HealthCare.gov, so you can shop for an individual plan outside the normal annual window.

Changing the Order Later

An uncontested decree is not necessarily permanent when it comes to child support and custody. Either parent can petition the Family Court for a modification by showing a substantial change in circumstances. If applying the current child support guidelines would produce a number more than 15% different from the existing order, that difference alone qualifies as a substantial change.¹³ Common triggers include a significant income change, a job loss, increased expenses for the child, or a shift in the actual custody arrangement. A modification takes effect from the date the petition is filed, not the date the new order is signed, so filing promptly when things change protects both sides.

Property division is a different story. Once the decree is entered, courts rarely revisit how assets and debts were split unless one spouse can show fraud or concealment of assets during the original proceedings. Spousal support may be modifiable depending on the terms of the original agreement and whether the decree specifically allows future adjustments.

1
West Virginia Legislature. West Virginia Code 48-5-105 – Residency Requirements for Maintaining an Action for Divorce
2
West Virginia Legislature. West Virginia Code 48-5-201 – Grounds for Divorce, Irreconcilable Differences
3
West Virginia Judiciary. Court Forms – Divorce Forms
4
West Virginia Legislature. West Virginia Code 48-7-201 – Required Disclosure and Updates
5
West Virginia Legislature. West Virginia Code 48-7-202 – Assets That Are Required to Be Disclosed
6
West Virginia Legislature. West Virginia Code 48-7-103 – Factors Considered in Equitable Distribution
7
Supreme Court of Appeals of West Virginia. SCA-FC-121 Parenting Plan
8
West Virginia Judiciary. West Virginia Petitioner’s Divorce Packet Instructions
9
Supreme Court of Appeals of West Virginia. SCA-FC-105 – Acceptance of Service
10
West Virginia Legislature. West Virginia Code 48-9-104 – Parent Education
11
West Virginia Legislature. West Virginia Code 48-5-613 – Former Name of Party, Restoration
12
U.S. Department of Labor. QDROs: The Division of Retirement Benefits Through Qualified Domestic Relations Orders
13
West Virginia Legislature. West Virginia Code 48-18-126 – Review and Adjustment of Child Support Orders