West Virginia Divorce Checklist — Step-by-Step (2026)

Phase 1 — Pre-Filing Assessment

• Confirm eligibility: current WV resident OR married in West Virginia
• Identify Family Court county (where either spouse lives)
• Choose ground: irreconcilable differences (agreed, both cooperate) OR 1-year separation (one party files alone after 1 year apart)
• If 1-year separation: confirm continuous separation — no cohabitation during the period

Phase 2 — Financial Inventory

• List all marital property (acquired during the marriage)
• List all separate property (pre-marital, gifts, inheritances) — document carefully
• Real estate: value and mortgage balance
• Bank and investment account statements
• Retirement account balances (marital portion)
• Vehicles: values and loan balances
• All debts: creditor, balance
• Business interests (if any)
• Income documentation for both parties (pay stubs, last 2 years tax returns)

Phase 3 — Draft the Separation Agreement

For irreconcilable differences divorces:

• All real property addressed (who keeps or sale; buyout; refinancing; deed → County Clerk)
• All financial accounts assigned
• Retirement accounts: QDRO for employer plans; IRA transfer language
• Vehicles assigned; title transfer through WV DMV
• All debts assigned; indemnification language
• Alimony: award with type (temporary/rehabilitative/permanent) and terms — or explicit waiver
• If children: legal custody, physical custody, Parenting Plan, child support per WV Guidelines
• Both spouses sign and notarize the Separation Agreement

Phase 4 — Complete SCA-FC Forms

Forms at: courtswv.gov/public-resources/court-forms.html

• Petition for Divorce (SCA-FC form) — alleges ground; states residency/eligibility
• Summons (if one party files)
• Separation Agreement (signed and notarized)
• Proposed Final Order of Divorce (many WV counties expect parties to submit a proposed order)
• If children: Parenting Plan (SCA-FC form); Child Support Worksheet per WV Guidelines
• Financial Disclosure (if required by your county Family Court)
• Fee waiver if needed

Phase 5 — File at Family Court

• File Petition (and Separation Agreement) at the Family Court Clerk
• Pay $135 filing fee
• Receive case number
• 20-day waiting period begins on filing date
• Serve Respondent (if not joint/agreed filing); file Return of Service

Phase 6 — 20-Day Waiting Period

• No final hearing until 20 days after filing (one of the shortest in the US)
• Use time to: complete any outstanding financial disclosures; schedule final hearing

Phase 7 — Final Hearing

• Schedule final hearing with Family Court
• Appear before Family Court judge
• Judge reviews Separation Agreement (and Parenting Plan if children)
• Judge enters Final Order of Divorce
• Obtain certified copies from Family Court Clerk

Phase 8 — Post-Divorce Steps

• Real estate deed: Quitclaim or Warranty Deed → West Virginia County Clerk (where property is located)
• QDRO for employer retirement plans
• WV PERS: contact WV Consolidated Public Retirement Board for domestic relations order
• Vehicle titles: WV DMV
• Name restoration: WV DMV → Social Security → financial accounts
• Beneficiary designations: life insurance, retirement, payable-on-death

Last reviewed: March 2026 | Family Court (not Circuit) | SCA-FC forms | 20-day wait from filing | Married-in-WV exception | Separation Agreement 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.