Ready to start your divorce? Gather your information and file your divorce papers in West Virginia today.
Get your divorce papersWhat Divorce Papers needs to be valid in West Virginia
- One spouse must have lived in West Virginia for at least 6 months before filing.
- You must have a legal ground for divorce, such as irreconcilable differences, adultery, or separation for at least one year.
- If you have children, you must propose a parenting plan and child support arrangement.
- You must provide detailed information about assets, debts, and income using financial disclosure forms.
- Depending on your county, you may need to have your signature notarized or witnessed.
- You must pay the filing fee (typically between $135 and $165), which varies by county.
How to set up a Divorce Papers in West Virginia
- Complete the required divorce forms, which include a Complaint for Divorce, Summons, Financial Statement, and Parenting Plan (if applicable). You can obtain these from the Circuit Clerk's office or online from the West Virginia Judiciary website.
- File the completed forms with the Circuit Clerk in the county where either spouse resides. Make sure to bring your photo ID and fee, or submit a fee waiver if you qualify.
- Arrange for the Summons and Complaint to be served on your spouse. You can use a sheriff, a private process server, or certified mail with return receipt.
- Wait for your spouse to respond. If they do not respond within 30 days, you may request a default judgment.
- Attend a final hearing if needed. For uncontested divorces, some counties allow a hearing to be waived if all documents are in order.
- Receive your Final Decree of Divorce from the judge. Ensure the decree is filed with the Circuit Clerk to make it official.
How much it costs
The cost of filing for divorce in West Virginia typically ranges from $135 to $165, depending on the county. You may also pay fees for service of process, certified copies, and notary services. If you cannot afford the fees, you can apply for a fee waiver using the Pauper's Affidavit.
Before You Begin: WV Divorce Papers Checklist
Gathering the right information and understanding West Virginia's rules before you start can save time and prevent delays. This checklist covers the essentials.
- Meet West Virginia's residency requirement: you or your spouse must have lived in the state for at least one year before filing.
- Decide on grounds for divorce: West Virginia allows no-fault (irreconcilable differences) and fault-based grounds (e.g., adultery, cruelty) – choose which applies.
- Gather required documents: marriage certificate, separation date proof, and financial records (income, debts, assets) for both spouses.
- Check if your county requires specific local forms: visit the circuit clerk's office or website in the county where you'll file.
- Note notary requirements: your signature on the petition and other forms may need notarization – do not sign before a notary unless instructed.
- Understand filing fees and waiver options: ask about fee amounts and whether you qualify for a fee waiver based on income.
Questions people ask
In West Virginia, do I need a lawyer to file divorce papers?
No, you can file for divorce on your own (pro se) in West Virginia. The court provides forms and instructions, but it's essential to follow them carefully to avoid delays. For complex cases, consulting a family law attorney is recommended.
How long does it take to get a divorce in West Virginia?
An uncontested divorce in West Virginia can be finalized in about 60 to 90 days, depending on your county's court schedule. A contested divorce may take several months or longer.
Do I need a witness to sign my divorce papers in West Virginia?
Some counties require that your signature on the Complaint for Divorce be notarized or witnessed. Check with your Circuit Clerk's office to confirm the requirements for your county.
What are the residency requirements for divorce in West Virginia?
You or your spouse must have been a resident of West Virginia for at least 6 months before filing. If you're filing due to adultery, you must have lived in the state for at least 6 months, but there is no residency requirement if the adultery occurred in West Virginia.