Uncontested Divorce in West Virginia: Step-by-Step Process

An uncontested divorce in West Virginia means both spouses agree on every issue — property division, debt allocation, custody, support, and the divorce itself. It is the fastest, cheapest, and most self-representation-friendly path through the state's Family Court system. When both parties cooperate, the entire process can wrap up in 45 to 90 days for under $200 in total costs.

What Makes a Divorce "Uncontested" in West Virginia

An uncontested case requires agreement on three fronts:

1. Grounds: Both spouses acknowledge irreconcilable differences by signing notarized pleadings
2. Property and support: Both spouses sign a written settlement agreement covering all marital assets, debts, and any spousal support
3. Children (if applicable): Both parents submit a joint parenting plan (form SCA-FC-201) covering custody, visitation, and child support

If you agree on grounds but disagree on property or custody, your case is not truly uncontested. The court will likely order mediation before scheduling a trial, which extends the timeline to 6 to 12 months and significantly increases costs.

Step 1: Verify Residency and Venue

Under W. Va. Code Section 48-5-105, if you were married in West Virginia, either spouse just needs to be a current resident. If you were married elsewhere, at least one spouse must have lived in West Virginia continuously for one year before filing.

File in the county where you last lived together or where the respondent currently resides (Section 48-5-106).

Step 2: Prepare Your Filing Packet

Both spouses need to complete their respective forms. The petitioner's packet includes:

• SCA-FC-101 (Petition for Divorce)
• SCA-FC-103 (Case Information Statement)
• SCA-FC-104 (Vital Statistics)
• SCA-FC-106 (Financial Statement with pay stubs, tax returns, and W-2s attached)
• Fee waiver application (SCA-C&M201) if your income qualifies

For cases with children, add the BCSE application (SCA-FC-107) and your joint parenting plan.

Every form that requires a signature must be notarized. The Financial Statement is the most document-heavy — it needs three consecutive pay stubs and two years of federal tax returns physically attached.

Step 3: File and Pay the Fee

Submit the completed packet to the Circuit Clerk in the correct county. The base filing fee is $135, with some counties charging local surcharges up to $175 total.

If you qualify for a fee waiver (net income below 150 percent of federal poverty guidelines — $22,590 for a single person), the waiver covers the filing fee, service costs, and parent education fees.

Step 4: Serve Your Spouse

Even in an uncontested case, formal service is legally required. The simplest method: have your spouse sign the Acceptance of Service (form SCA-FC-105) in front of a notary or Deputy Circuit Clerk. This is free and immediately starts the response clock.

Your spouse then has 20 days to file their Answer (SCA-FC-108). In an uncontested case, the Answer must explicitly admit to irreconcilable differences. This is not optional — the court cannot grant a divorce on this ground unless both spouses formally agree to it in the pleadings.

Step 5: Exchange Financial Disclosures

Under Rule 13, both sides must file and exchange complete financial statements within 40 days of service. Even when you agree on everything, this disclosure is mandatory. The court needs both financial pictures to approve your settlement as fair.

Step 6: Complete Parent Education (If Children Are Involved)

Both parents must finish the state-approved "Children in Between" parent education course before the final hearing. The course is available online through the Center for Divorce Education. Registration costs $25 per parent, paid to the Circuit Clerk.

Step 7: Attend the Final Hearing

No hearing can be scheduled until at least 20 days after service. In an uncontested case, the hearing is typically brief — often 15 to 30 minutes. The Family Court judge verifies:

• Residency is established
• Both parties understand and agree to the terms
• The settlement agreement is fair and voluntary
• The parenting plan serves the children's best interests (if applicable)

For uncontested cases on irreconcilable differences where both spouses signed the paperwork, you generally do not need a corroborating witness. The judge reviews the signed agreements and enters the final decree.

Total Cost Breakdown

With an approved fee waiver, the total drops to near zero.

When Uncontested Stops Working

The uncontested path breaks down if your spouse changes their mind at any point — refuses to sign the Answer, contests the settlement terms, or skips the hearing. At that point, the case shifts to contested territory, and the court will typically order mediation before setting a trial date.

The practical advice: get your written settlement agreement signed before you file the petition. Working out the terms first prevents mid-process disagreements that derail the timeline.

For complete step-by-step worksheets, a document assembly checklist, and a milestone timeline tracker for your uncontested filing, the West Virginia Divorce Filing Process Guide covers the full process from preparation through the final decree.

See more West Virginia guides →