Uncontested Divorce in West Virginia

If you and your spouse agree on every issue, you can usually get a divorce with a single hearing after your spouse has 30 days to respond.

You can get an uncontested divorce in West Virginia if you meet the following requirements:

  • you meet West Virginia's residency requirement—either you or your spouse has lived in the state for at least one year before filing, or you were married in West Virginia and one of you lives here now
  • you agree that your marriage is suffering from irreconcilable differences, and
  • you agree on every other issue in your case, including property, debts, spousal support, and custody and support of your children.

An uncontested divorce in West Virginia costs $135 to file, plus $25 per parent for a required parent education class if you have minor children. Your divorce can usually be finalized at one short hearing after your spouse’s 30-day deadline to answer your divorce petition.

Read on to find out more about the process, including the paperwork you’ll need, how to deliver (or “serve”) the papers on your spouse, and what to expect at the final hearing.

What Is Uncontested Divorce?

Unlike some other states, West Virginia doesn’t have a special, simplified procedure for uncontested divorce. However, you can still get a fairly quick and inexpensive divorce in the state if you and your spouse have reached a settlement agreement that covers all of the relevant issues, including:

  • how you’ll divide your marital property and debts
  • whether one spouse will pay alimony (known as “spousal support” in West Virginia) and, if so, how much
  • how you’ll work out custody of any children of the marriage who are still minors, and
  • child support, along with related matters like health insurance coverage and payment of medical expenses for your children.

If you can’t agree on all of these issues at the start of the divorce process, your case will go forward as a contested divorce. That could involve formal discovery (the legal process of exchanging evidence and information and retaining experts like custody evaluators) and multiple court hearings. Even if you and your spouse reach a complete settlement agreement before trial, it will still take time and cost money.

How to File for an Uncontested Divorce in West Virginia

After you and your spouse have worked out the issues in your divorce, perhaps with the help of mediation, one of you (the “petitioner”) must fill out the divorce petition and the other required forms. West Virginia doesn’t have a joint petition that both spouses can complete and file together.

Completing the Petitioner’s Uncontested Divorce Forms

In the petition, you’ll confirm that you meet one of West Virginia’s residency requirements to file for divorce. Either:

  • you were married in West Virginia, and you or your spouse (the “respondent”) currently lives in the state, or
  • one of you has lived in West Virginia for at least one year immediately before you filed for divorce.

(W. Va. Code § 48-5-105 (2026).)

For an uncontested divorce, the petition form includes a statement that you and your spouse have “irreconcilable differences.” The court can grant a divorce on this ground only if your spouse files an answer admitting it. (W. Va. Code § 48-5-201 (2026).) The grounds (or legal reasons) for divorce in West Virginia include both “no-fault” and fault-based options (like adultery), but fault-based grounds aren’t appropriate in uncontested divorces.

The petition also includes a detailed checklist of “relief” you’re requesting, meaning what you want the court to include in your final divorce order. You should request relief that aligns with your settlement agreement and, if you have children, your joint parenting plan.

Along with the petition and your settlement agreement, you’ll file other required forms, including a financial statement. If you have minor children or either of you requests spousal support, each of you must also file an Application for Child Support Enforcement and Income Withholding Services. You’ll need to file it even if no support will be paid, but you can use it to decline the agency’s services. (W. Va. Rules of Prac. & Proc. Fam. Ct., rule 9 (2026).)

You can find the self-help divorce forms (for both the petitioner and respondent), parenting plan forms, and instructions on the West Virginia Judiciary’s family court forms page. If you don’t have access to a printer, you can get hard copies from your local circuit clerk’s office, though you might have to pay a small copying fee.

Another option is to use an online divorce service that provides completed forms for an uncontested divorce in West Virginia after you answer a series of questions. Some of these services guarantee the state will accept the completed forms.

Filing the Divorce Petition and Other Forms

If you’re the petitioner, you’ll then file the completed forms with the circuit clerk’s office in the West Virginia county where:

  • your spouse lives (or where you live, if your spouse lives out of state), or
  • you and your spouse last lived together.

(W. Va. Code § 48-5-106 (2026).)

Some counties might require additional forms, so check with your local circuit clerk’s office ahead of time. You’ll need to pay a filing fee unless the court waives it (see below).

You must “serve” your spouse with the divorce paperwork, including the summons the clerk issues when you file. However, you don’t have to hire a process server or pay the clerk to send the papers by certified mail if your spouse receives a copy of the forms from you (or picks them up at the clerk’s office) and signs an Acceptance of Service form in front of a notary public or deputy circuit clerk. You must file this signed form, either with your original packet of forms or soon afterward. (W. Va. Rules of Civ. Proc., rule 4; W. Va. Rules of Prac. & Proc. Fam. Ct., rule 9 (2026).)

Filing the Answer to the Divorce Petition

Even in an uncontested divorce in West Virginia, the respondent must file an answer to the divorce petition, along with a financial statement and other required forms. The answer should admit irreconcilable differences and reflect the provisions in your settlement agreement and the petition. The respondent files the answer in the same court where the petition was filed and serves a copy on the petitioner.

The respondent has 30 days after being served to file and serve the answer. If the respondent doesn’t answer, the court can’t grant a divorce based on irreconcilable differences. The petitioner might still be able to get a default divorce on another ground, such as living apart for one year, but default divorces have risks for both spouses. (W. Va. Code §§ 48-5-201, 48-5-202; W. Va. Rules of Civ. Proc., rule 12(a); W. Va. Rules of Prac. & Proc. Fam. Ct., rule 9 (2026).)

Attending a Hearing and Completing Your Uncontested Divorce

Even in uncontested divorces where the spouses have agreed on child custody and child support, West Virginia requires both parents with minor children to complete an approved parent education class unless the judge decides it isn’t necessary. Each parent must file a certificate of completion with the circuit clerk’s office. (W. Va. Code § 48-9-104 (2026).)

The family court will schedule a hearing in your case after the 30-day period to file an answer ends. The court might schedule the hearing by videoconference or telephone.

In uncontested divorces, the first hearing in your case will typically be the only hearing. At least one spouse must attend, but it’s best for both of you to be there. The judge will review your paperwork and settlement agreement, focusing particularly on your parenting plan. The court will approve your agreement and include it in the final order, unless the judge finds that:

  • one spouse obtained the agreement through fraud, duress, or other unfair conduct, or either spouse didn’t agree to the parenting plan knowingly and voluntarily
  • the agreement was written in such a way that it couldn’t be enforced as part of a court order
  • the property division was so unfair, at the time you signed the agreement, that it defeats the purpose of the law, considering each spouse’s contributions to the marital property
  • the parenting plan would be harmful to the children, or
  • anything in a mediated agreement wouldn’t be in the children’s best interests.

After approving your agreement and other paperwork, the judge will sign your final divorce order. Once the judge signs the order, your divorce is final. (W. Va. Code §§ 48-7-102, 48-9-201; W. Va. Rules of Prac. & Proc. Fam. Ct., rules 21, 44, 55 (2026).)

How Much Does an Uncontested Divorce Cost in West Virginia?

Generally, an uncontested divorce is much cheaper than a traditional, contested divorce. Many couples can complete the uncontested divorce process without hiring lawyers, which can save a lot compared with the costs of traditional divorce.

Court Fees

The basic cost of an uncontested divorce in West Virginia is a $135 filing fee. There’s no fee for filing an answer. Depending on the spouses’ finances, the court can order you to split the filing fee and other court costs, or require one of you to pay them all. (W. Va. Code § 59-1-11; W. Va. Rules of Prac. & Proc. Fam. Ct., rule 5(e) (2026).)

If you have minor children, each parent must also pay a $25 fee for the parent education class. (W. Va. Code § 48-9-104 (2026).) 

Having the sheriff serve your spouse costs up to $30, and service by certified mail through the clerk costs $20. You can avoid these fees if your spouse signs an Acceptance of Service form. (W. Va. Code § 59-1-14; W. Va. Rules of Civ. Proc., rule 4 (2026).)

Requesting a Fee Waiver

If you can’t afford the court fees, you can file a Financial Affidavit and Application form (SCA-CM-201) with information about your income, assets, and expenses. If you qualify under the state’s financial guidelines, you won’t have to pay the filing fee, service fees, or parent education fee. A judge can review your eligibility later, even if the clerk approves your waiver. (W. Va. Code §§ 48-9-104, 59-2-1 (2026).)

Other Costs

Beyond these court costs, your costs will depend on whether you get a “pure” do-it-yourself divorce or need some help with the process:

  • Online divorce services typically charge between $150 and $700 to provide and complete the divorce forms and settlement agreement.
  • If you need help reaching a settlement agreement, divorce mediation costs can vary widely, depending on the number and complexity of the issues. Typical total costs range from about $3,000 to $8,000, with each spouse normally paying half.
  • If you’re splitting retirement accounts related to your employment (like a 401(k) or pension), you’ll probably need to pay an expert to prepare the special court order known as a “qualified domestic relations order” (QDRO).

And, of course, hiring lawyers will increase your costs. But you can probably minimize lawyers’ fees by getting help only when you need it.

Do You Need a Lawyer for an Uncontested Divorce?

You probably don’t need a lawyer to get an uncontested divorce in West Virginia. You can handle all the paperwork and filing yourself, or use an online divorce service to simplify the process.

That said, consider speaking with a qualified family law attorney if:

  • you have complex assets to divide (like retirement accounts or a family business)
  • you have questions about aspects of your divorce, or
  • you want an independent legal review of your settlement agreement to make sure you haven’t missed anything or given up any of your legal rights.

Keep in mind that circuit clerks and family court staff can help you with basic information and procedural questions, but they can’t give legal advice.

You can find the official West Virginia statutes on the West Virginia Code web page. Type a section number into the search bar, or open Chapter 48 (Domestic Relations) and choose Article 5 (Divorce). The West Virginia Judiciary’s court rules page includes rules for divorce cases.

The following organizations offer free or low-cost legal help to those who qualify:

Even in an uncontested case, a settlement agreement locks in decisions about property, retirement accounts, and your children that are hard to undo later, so it’s worth having a family law attorney review it before you file.