West Virginia Divorce Timeline — How Long Does It Take? (2026)

West Virginia's 20-day mandatory waiting period is one of the shortest in the country, making agreed divorces relatively fast once paperwork is complete.

Overview: Total Timeline

Stage-by-Stage: Agreed Divorce (Irreconcilable Differences, No Children)

Stage 1 — Preparation (2–6 weeks)

Draft and finalize the Separation Agreement covering all property, debts, and alimony. Obtain and complete SCA-FC forms from courtswv.gov/public-resources/court-forms.html. Both spouses sign and notarize the Separation Agreement.

Stage 2 — File at Family Court (Day 1)

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

Stage 3 — 20-Day Waiting Period (Days 1–20)

The shortest mandatory wait of any state in the standard category. Use this time to prepare the proposed Final Order and schedule the hearing.

Stage 4 — Schedule and Attend Final Hearing (Weeks 3–8)

After Day 20, you can hold the final hearing. Court scheduling varies by county — some Family Courts have hearings within a week or two of the 20-day mark; others have longer dockets.

Stage 5 — Final Order of Divorce Entered

The Family Court judge reviews the Separation Agreement. If approved, the Final Order of Divorce is entered.

Total: 2–4 months

Stage-by-Stage: 1-Year Separation Ground

Pre-Filing Requirement

Live separately, without cohabitation, for 1 continuous year. Any resumption of marital cohabitation restarts the clock.

Filing and Service

File the Petition alleging 1-year separation. Serve the Respondent. 20-day waiting period begins on filing.

Response and Hearing

If uncontested: schedule and attend the final hearing after Day 20. The judge may require testimony confirming the separation period.

Total (1-year separation, uncontested): 3–6 months from filing (plus the 1-year pre-filing separation period)

20-Day Waiting Period — No Waiver

West Virginia's 20-day period runs from the date the Petition is filed. It cannot be waived. However, 20 days is extremely short — much shorter than the 30-, 60-, and 90-day periods common in other states.

Last reviewed: March 2026 | 20-day wait from filing (one of shortest in US) | Irreconcilable differences or 1-year separation | Family Court (not Circuit Court) | SCA-FC forms | courtswv.gov/public-resources/court-forms.html

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