How to File for Divorce in West Virginia Without a Lawyer (2026)

West Virginia has several features that set it apart from other states — including one of the shortest waiting periods in the country and a unique exception for couples married in the state.

Family Court — not Circuit Court: West Virginia handles all divorce and family law cases in dedicated Family Court — not Circuit Court. This is a statewide system of specialized family law courts. File with the Family Court Clerk in your county.

Married-in-West-Virginia exception: If you were married in West Virginia, you can file for divorce there immediately — even if you recently moved to the state and have not yet established long-term residency. For everyone else, you must be a current West Virginia resident.

Only 20-day waiting period: West Virginia's 20-day wait after filing is one of the shortest mandatory waiting periods in the United States.

Two no-fault grounds: West Virginia offers "irreconcilable differences" (requires both parties to agree) or "1-year separation without cohabitation" (one party can file alone after living separately for 1 year).

SCA-FC forms: West Virginia uses numbered forms from the Supreme Court of Appeals Family Court series — the SCA-FC forms. Available at courtswv.gov/public-resources/court-forms.html.

Disclaimer: General legal information only. Not legal advice. Consult a licensed West Virginia attorney for your specific situation.

West Virginia Divorce at a Glance

The Two No-Fault Grounds

Irreconcilable Differences

Both parties agree the marriage has irretrievably broken down with no reasonable prospect of reconciliation. Both must consent (or at least not contest the ground). This is the standard agreed-divorce pathway and is the most efficient route when both parties cooperate.

1-Year Separation

You and your spouse have lived separately without cohabitation for at least 1 continuous year. Either party can allege this ground — no mutual agreement required. Useful when your spouse will not cooperate with an irreconcilable-differences filing.

Cohabitation warning: Any resumption of marital cohabitation — even briefly — during the separation period restarts the 1-year clock.

Married-in-West-Virginia Exception

Under West Virginia Code § 48-5-105, if you were married in West Virginia, you may file for divorce in West Virginia regardless of how long you have lived there. You do not need to satisfy any minimum residency period. This is a significant and unusual rule — most states require a minimum residency period regardless of where you were married.

Step-by-Step Overview

Step 1 — Confirm Eligibility

You are a current West Virginia resident OR you were married in West Virginia. Identify the Family Court county (where either spouse lives).

Step 2 — Draft the Separation Agreement

For irreconcilable differences divorces, the Separation Agreement covers all property, debts, alimony, and child-related matters. Both parties sign and notarize.

Step 3 — Complete SCA-FC Forms

Obtain forms at courtswv.gov/public-resources/court-forms.html. Complete the Petition for Divorce and supporting forms.

Step 4 — File at Family Court

File the Petition (and Separation Agreement) with the Family Court Clerk. Pay the $135 filing fee. 20-day waiting period begins.

Step 5 — Serve the Respondent (if not joint filing)

Serve the Respondent with the Petition and Summons. File the Return of Service.

Step 6 — 20-Day Waiting Period

No final hearing can be held until 20 days after filing. The shortest mandatory wait in most US states.

Step 7 — Final Hearing

Appear before the Family Court judge. Judge reviews the Separation Agreement. Issues the Final Order of Divorce.

Step 8 — Post-Divorce Steps

Record deeds with the County Clerk. QDRO for retirement plans. Update titles, beneficiaries, and accounts.

Last reviewed: March 2026 | Family Court (not Circuit) | SCA-FC forms | 20-day wait | Married-in-WV exception | "Irreconcilable differences" or "1-year separation" | $135 fee | courtswv.gov/public-resources/court-forms.html

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.