Requirements for an Uncontested Divorce in West Virgina

To qualify for an uncontested divorce in West Virginia, you and your spouse must meet residency and agreement requirements.
 

1. Residency: At least one spouse must have been a resident of West Virginia for 1 year before filing.

   • Exception: If the marriage occurred in West Virginia and one spouse is currently a resident, the 1-year rule is waived.
      

2. Grounds for Divorce 

   • The most common no-fault ground is irreconcilable differences (both parties agree the marriage cannot continue).

   • This is the basis for nearly all uncontested divorces.|
      

3. Full Agreement:

   Spouses must agree on all terms of the divorce:

   • Division of property and debts

   • Alimony (spousal support), if any

   • Child custody, visitation, and child support (if children are involved)

Steps to File for an Uncontested Divorce:

1. Prepare the Required Forms

Forms depend on whether you have children. Common forms include:

• Petition for Divorce

• Financial Disclosure

• Settlement Agreement (or "Marital Property Agreement")

• Verification Form

• Final Order of Divorce

• Parenting Plan and Child Support Worksheets (if applicable)

Forms available here: https://courtswv.gov/legal-community/court-forms/family-court-forms.html
 

2. File the Forms

• File with the Family Court Clerk in the county where either you or your spouse lives.

• Filing Fee: Typically $135–$185, depending on the county

• You can request a fee waiver by filing a Financial Affidavit and Application to Proceed Without Payment

3. Serve the Other Spouse (if needed)

• If not filing jointly, you must serve your spouse with divorce papers.

• If your spouse signs a Waiver of Service, formal service may not be required.

4. Submit Signed Settlement Agreement

• A written agreement that outlines how property, debts, custody, and support are handled

• Must be signed and notarized by both parties
   

5.Court Review and Hearing

• A brief court hearing is usually required. The judge may ask basic questions to confirm both parties agree and that the agreement is fair.

• If everything is in order, the Final Divorce Order is signed.