West Virginia Divorce Without Children (2026)

With no minor children, a West Virginia agreed divorce focuses entirely on property, debts, and alimony. With a 20-day waiting period, it can be one of the faster processes in the country.

Overview

The Agreed Divorce Process (No Children)

1. Both parties agree on all property, debts, and alimony
2. Draft and finalize the Separation Agreement; both sign and notarize
3. Obtain SCA-FC forms from courtswv.gov/public-resources/court-forms.html
4. File Petition + Separation Agreement with Family Court Clerk; pay $135
5. 20-day waiting period begins
6. Attend final hearing after Day 20; judge approves Separation Agreement; Final Order entered

Separation Agreement — What to Cover (No Children)

All Real Property

For each property:

• Full legal description; agreed value; mortgage balance; net equity
• Assignment: one 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 employer plans (marital portion from marriage to separation)
• IRA: transfer incident to divorce (specific order language; direct rollover)
• WV PERS: domestic relations order — contact WV CPRB after Final Order

Vehicles

• Assignment; loan assumption; WV DMV title transfer

All Debts

• Creditor, balance, who assumes, indemnification language

Alimony

Award with type (temporary/rehabilitative/permanent), amount, duration — or explicit waiver: "Each party waives any and all claims for alimony, now and forever."

Separate Property

Address significant pre-marital, gifted, or inherited property explicitly.

1-Year Separation Ground (Solo Filing)

If your spouse won't cooperate with an irreconcilable differences filing, and you have lived separately without cohabitation for 1 continuous year, you can file the 1-year separation ground without your spouse's agreement. Serve the Respondent; if they don't contest, proceed to final hearing after Day 20.

Last reviewed: March 2026 | Family Court only | $135 fee | 20-day wait from filing | Irreconcilable differences (both agree) or 1-year separation (solo) | Separation Agreement filed with petition | County Clerk for deed recording | courtswv.gov/public-resources/court-forms.html

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