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
SoLongSoulmate.com Editorial Team
Researched using official state court websites and verified legal aid resources. Filing fees and procedures verified June 2026. General legal information only — not legal advice.
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.