How to Fill Out the SCA-FC-106 Financial Statement Without a Lawyer in West Virginia

The West Virginia Financial Statement (Form SCA-FC-106) is mandatory in every divorce involving property or support. You have 40 days from service of the summons to file it under § 48-7-201. The circuit clerk will hand you the blank form for free. What the clerk cannot do — by law — is tell you how to calculate the numbers that go on it.

Here's how to complete it without an attorney, step by step.

What the SCA-FC-106 Requires

The Financial Statement is the court's snapshot of your entire financial life. It requires:

• All income sources — wages, self-employment, rental income, investment returns, government benefits
• All assets — real estate, vehicles, bank accounts, retirement accounts, investments, personal property
• All debts — mortgages, credit cards, car loans, student loans, medical bills, tax obligations
• Monthly expenses — housing, utilities, food, transportation, insurance, childcare, medical

Every number must be accurate. Filing an incomplete or misleading Financial Statement can result in court sanctions, and the opposing party's attorney will use any inconsistency to challenge your credibility.

Step 1: Gather Your Mandatory Attachments

Before you start filling in blanks, collect the required documentation. West Virginia family courts require these attachments with the SCA-FC-106:

• Three most recent pay stubs (both spouses)
• Complete federal and state tax returns for the two preceding years, including all W-2s and 1099s
• Bank statements for all accounts (checking, savings, money market) — at least three months
• Retirement account statements (401(k), IRA, 403(b), CPRB pension)
• Mortgage statements and property tax records
• Credit card statements showing current balances
• Vehicle registration and loan payoff amounts
• Self-employment financial statements (if applicable)
• Receipts for childcare, extraordinary medical bills, or children's special needs

Step 2: Establish Your Separation Date

Under W. Va. Code § 48-1-238, separation requires uninterrupted physical separation without cohabitation. This date locks the default valuation of marital assets and determines which payments qualify for Conrad credits.

Write down the exact date you and your spouse began living apart. Every asset value on the SCA-FC-106 defaults to this date unless the court orders otherwise.

Step 3: Classify Assets as Marital or Separate

This is where most pro se filers make costly mistakes. Not everything you own is subject to division.

Marital property under § 48-1-233 includes everything acquired during the marriage by either spouse, regardless of whose name is on the title. The family home purchased during the marriage is marital — even if only one spouse's name is on the deed.

Separate property under § 48-1-237 includes assets owned before the marriage, inheritances received by one spouse, and gifts from third parties. But separate property can lose its protection through commingling — the Joint Account Trap under § 31A-4-33 converts separate funds into marital property when deposited into a joint account.

Step 4: Calculate Asset Values

For each asset, determine the fair market value as of the separation date:

• Real estate — recent appraisal, tax assessment, or Zillow/Redfin estimate (a formal appraisal is stronger if contested)
• Vehicles — Kelley Blue Book or NADA value
• Bank accounts — balance on the separation date (use statements)
• Retirement accounts — statement balance closest to the separation date; for pensions, the coverture fraction determines the marital portion
• Personal property — replacement value, not what you paid

Step 5: List All Debts with Current Balances

Every joint and individual debt goes on the SCA-FC-106. Include:

• Mortgage principal remaining
• Home equity line of credit balance
• Credit card balances (all cards, even those in one name)
• Auto loan payoffs
• Student loans (classification as marital or separate depends on when they were incurred and what they funded)
• Medical debt
• Tax obligations owed

Step 6: Calculate Monthly Income and Expenses

The court uses your income and expense figures to evaluate spousal support under the 20-factor test in § 48-8-104. Be thorough:

• Income: gross wages, overtime, commissions, self-employment net, rental income, investment dividends, Social Security, disability
• Expenses: mortgage/rent, utilities, groceries, transportation, insurance premiums, childcare, medical co-pays, minimum debt payments

Use three months of bank statements to calculate actual monthly outflows rather than estimates. Judges notice when expense figures don't match documented spending.

Common Mistakes That Trigger Sanctions

• Omitting assets — whether intentional or accidental, a missing account undermines your credibility and can result in sanctions
• Using purchase price instead of current value — the court wants fair market value as of the separation date
• Forgetting to attach required documents — missing pay stubs or tax returns can delay your case
• Listing gross income instead of net (or vice versa) — the form specifies which it wants in each section
• Ignoring the 40-day deadline — late disclosure gives the opposing party grounds for a motion to compel

Where a Guide Helps

The blank SCA-FC-106 tells you what to report. It does not tell you how to calculate it. It doesn't explain the Whiting framework for classifying marital vs separate property, the Conrad credit formula for post-separation mortgage payments, the coverture fraction for retirement accounts, or the 20-factor spousal support analysis.

The West Virginia Divorce Financial Split & Asset Division Guide includes a complete SCA-FC-106 walkthrough with fill-in guidance for each section, plus standalone worksheets for every calculation the form requires. The Financial Disclosure Prep Checklist alone covers every document you need to gather before starting.

Frequently Asked Questions

What happens if I miss the 40-day SCA-FC-106 deadline?

The opposing party can file a motion to compel disclosure. The family court can impose sanctions including attorney fee awards and adverse inferences — meaning the court may assume the worst about your undisclosed finances.

Do both spouses have to file the SCA-FC-106?

Yes. Under § 48-7-201, both the petitioner and respondent must exchange full financial disclosures within 40 days. This is mandatory even in uncontested divorces.

Can I fill out the SCA-FC-106 by hand or does it need to be typed?

The form is a fillable PDF available at courtswv.gov. You can type directly into it or print and complete by hand. Either format is accepted by the circuit clerk.

What if I don't know my spouse's financial information?

List what you know and note what you don't. You have the right to request your spouse's financial disclosure, and the court can compel production of documents you need to complete your own statement accurately.

Should I get the SCA-FC-106 reviewed before filing?

If you can afford a single consultation with a family law attorney ($200–$350 for one hour), having them review your completed Financial Statement before filing is one of the highest-value uses of limited legal budget. Arriving with a completed form means the attorney reviews rather than builds from scratch.

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