West Virginia Divorce Forms — Complete Guide (2026)
West Virginia uses the SCA-FC series — Supreme Court of Appeals Family Court forms. Available at: courtswv.gov/public-resources/court-forms.html
Where to Get West Virginia Divorce Forms
Supreme Court of Appeals — Family Court Forms: courtswv.gov/public-resources/court-forms.html — official SCA-FC forms for self-represented litigants.
Family Court Clerk: The clerk in your county may have local supplement forms or can direct you to current forms.
Legal Aid of West Virginia: lawv.net — free legal help for qualifying individuals; also has form guidance.
Core Forms — Agreed Divorce (Irreconcilable Differences)
| Form | Purpose |
|---|---|
| Petition for Divorce (SCA-FC) | Filed by Petitioner; alleges irreconcilable differences or 1-year separation |
| Separation Agreement | Key settlement document — all property, debts, alimony, custody |
| Proposed Final Order of Divorce | Draft order for judge to sign |
| If children: Parenting Plan | Required; SCA-FC compliant form |
| If children: Child Support Worksheet | West Virginia Guidelines calculation |
Core Forms — Contested / 1-Year Separation
| Form | Purpose |
|---|---|
| Petition for Divorce | States the ground (1-year separation or fault) |
| Summons | Served on Respondent |
| Acceptance/Waiver of Service | Respondent waives formal service |
| Answer | Respondent's response |
| Financial Disclosure | Required in many WV Family Courts |
Separation Agreement — What It Must Cover
The Separation Agreement is the operative settlement document in West Virginia. It must be comprehensive.
Real Property:
- Full legal description; agreed fair market value; mortgage balance; net equity
- Assignment: who keeps (buyout; refinancing deadline; fallback sale; Quitclaim Deed → County Clerk) or sale (proceeds split; timeline)
Financial Accounts:
- Each account: institution, type, balance; assignment; transfer instructions
Retirement Accounts:
- QDRO for ERISA plans (401k, 403b, pension) — marital portion from marriage to separation
- WV PERS: contact WV Consolidated Public Retirement Board for domestic relations order procedures
- IRAs: transfer incident to divorce; specific order language; direct rollover
Vehicles:
- Assignment; who assumes loan; WV DMV title transfer
All Debts:
- Creditor, account number, balance, who assumes, indemnification
Alimony:
- Type (temporary, rehabilitative, or permanent); amount; duration; termination conditions — or explicit waiver
If Children:
- Legal custody; physical custody; Parenting Plan with all required elements; child support per WV Guidelines
West Virginia Child Support Guidelines
West Virginia uses its own child support guidelines based on the income shares model. Both parents' incomes are considered.
Process:
- Determine both parents' gross monthly incomes
- Apply standard deductions
- Use the WV Child Support Schedule (combined income and number of children)
- Allocate proportionally based on each parent's share of combined income
- Add adjustments for health insurance, childcare
Forms and instructions at: courtswv.gov
Parenting Plan — Required With Children
West Virginia Family Courts require a comprehensive Parenting Plan addressing:
- Legal custody designation
- Primary residence
- Regular parenting schedule
- Holiday and summer schedule
- Healthcare and educational decisions
- Transportation and exchange
- Relocation provisions
- Dispute resolution
Last reviewed: March 2026 | SCA-FC series forms | courtswv.gov/public-resources/court-forms.html | Family Court (not Circuit) | Separation Agreement required | Parenting Plan required with children | County Clerk for deed recording | lawv.net
Written by the SoLongSoulmate.com Editorial Team
Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.