SIMPLIFYING YOUR DIVORCE

Which West Virginia Divorce Forms Will You Need?

The exact forms you'll use depend on your circumstances, whether you have minor children, whether your spouse agrees to the divorce, and how you'll handle service. West Virginia organizes its divorce paperwork into clear stages, and the forms are grouped below by what they do. Remember, this is a description of each form's purpose, not a recommendation about which ones apply to you.

Starting the Case

These forms are used by the spouse who begins the divorce (the petitioner).

• SCA-FC-100 – West Virginia Petitioner's Divorce Packet Instructions
  An instruction packet for the filing spouse, covering what forms to file, how to serve the other party, fee information, and the procedural steps involved.

• SCA-FC-101 – Petition for Divorce
  The initiating pleading filed by the petitioner to commence the divorce action.

• SCA-FC-103 – Petitioner's Civil Case Information Statement (Domestic Relations Cases)
  A case information form filed by the petitioner with the circuit clerk at the time of filing.

• SCA-FC-110 – Affidavit of Out-of-State or Unknown Residency
  Used when the respondent lives out of state or their address is unknown; it supports service by publication.

• SCA-FC-111 – Order of Publication
  Used to serve a respondent whose address is unknown, by publishing notice.

Responding to the Petition

These forms are used by the spouse who receives the divorce papers (the respondent).

• SCA-FC-100A – West Virginia Respondent's Divorce Answer Packet Instructions
  An instruction packet for the responding spouse.

• SCA-FC-108 – Answer to Divorce Petition
  The respondent's formal response to the Petition for Divorce.

• SCA-FC-114 – Respondent's Civil Case Information Statement (Domestic Relations Cases)
  A case information form filed by the respondent.

• SCA-FC-105 – Acceptance of Service
  Allows the respondent to waive formal service of process by accepting service voluntarily.

• SCA-FC-115 – Servicemembers Civil Relief Act Waiver (Waiver of Rights to Request Stay of Proceedings)
  Used when the respondent is an active-duty servicemember and voluntarily waives SCRA protections.

Financial & Disclosure Forms

Financial transparency is required of both spouses in a West Virginia divorce.

• SCA-FC-106 – Financial Statement
  Required of both parties in all divorce cases. It must be accompanied by three recent pay stubs, two years of tax returns or W-2s, and expense receipts.

Forms for Divorces With Children

When minor children are involved, West Virginia requires additional forms addressing parenting and support.

• SCA-FC-112 – Motion for Temporary Relief
  Used by either party to request temporary orders for support, custody, or use of the marital home while the case is pending.

• SCA-FC-120 – Parenting Plan Instructions
  Instructions for completing the Parenting Plan form.

• SCA-FC-121 – Parenting Plan
  The proposed parenting plan addressing custodial responsibility, decision-making, and parenting time; required in all cases with minor children.

• SCA-FC-128 – Worksheet for Individual Proposed Parenting Plan
  A worksheet to help a party prepare their individual proposed parenting plan.

• SCA-FC-129 – Motion to Adopt Individual Proposed Parenting Plan
  A motion requesting that the court adopt a party's individually proposed parenting plan.

• FDVCSAP – Bureau for Child Support Enforcement Application and Income Withholding Form
  An application for child support services and income withholding through the WV Bureau for Child Support Enforcement; required in cases with minor children. Note that this form is administered by the Bureau for Child Support Enforcement rather than the courts directly.

A quick note on child support: West Virginia calculates support using state Child Support Guidelines worksheets rather than a single numbered standalone form, so you won't find one "child support form" in the SCA-FC series.

Settlement or Separation Agreement

If you and your spouse reach agreement on the terms of your divorce, West Virginia does not provide a standardized, numbered form for it.

• Separation / Settlement Agreement (not a numbered form)
  Parties draft their own agreement and submit it to the court for approval. Under WV Code §48-7-101, a valid agreement can determine how property is divided rather than relying on the court's default.

Finalizing Your Case

These forms support the closing stages of a divorce.

• SCA-FC-104 – Information Requested by Division of Vital Statistics
  Required in all divorce cases; it provides information for official vital records.

• SCA-FC-314 – Certificate of Service
  Documents that required papers were properly served on the other party.

• SCA-FC-140 – Affidavit to Withhold Identifying Information
  Allows a party to request that identifying information (such as an address) be withheld from court records, typically in domestic violence situations.

One thing to know about the final decree: there is no SCA-FC-numbered fill-in form for the Decree of Divorce on the official forms page. In West Virginia, the final decree is typically drafted by the court or counsel rather than provided as a standardized form for self-represented litigants.

Where to Get West Virginia Divorce Forms

You have several options for obtaining the forms, depending on how much support you want along the way.

Official State Courts Website

All statewide SCA-FC divorce forms are published by the West Virginia Judiciary. You can download them directly from the official court forms page at courtswv.gov. Spanish-language divorce forms are also available on the same site.

Circuit Clerk's Office

Because West Virginia divorces are filed with the circuit clerk in the county where the case belongs, the clerk's office can be a helpful in-person source for the forms and for confirming filing fees. Clerks can provide procedural information but cannot give legal advice.

Legal Aid & Self-Help Resources

Legal aid organizations and court self-help resources can assist people who qualify, particularly those who may be eligible for fee waivers. These services are especially useful if cost is a concern.

Online Divorce Services (Divorce.com)

If filling out forms by hand feels daunting, an online service can prepare your West Virginia paperwork based on the answers you provide. Divorce.com guides you through the process step by step, helping you complete the right documents for your situation without deciphering legal codes on your own.

Hire an Attorney

For complex situations, contested issues, or simply peace of mind, a West Virginia family law attorney can prepare and review your documents and represent you. For advice on your specific situation, consulting an attorney is always an option.

The West Virginia Divorce Process

Every case is different, but most West Virginia divorces follow a similar sequence. Here's a general overview of the stages.

1. Confirm Residency

Before filing, the residency requirement must be met. Under WV Code §48-5-105, the rules depend on where the marriage took place. If the marriage was entered into in West Virginia, an action is maintainable as long as one of the parties is a current bona fide resident of the state — no minimum duration of residency is required. If the marriage was entered into outside West Virginia, one of the parties must have been a resident when the cause of action arose (or become one since), and that residency must have continued uninterrupted for one year immediately preceding the filing.

2. File the Petition

The petitioner files the Petition for Divorce (SCA-FC-101) along with the Civil Case Information Statement (SCA-FC-103) and pays the filing fee to the circuit clerk. West Virginia uses a two-track system: divorce cases are heard in Family Court, while circuit courts handle appeals.

3. Serve the Other Spouse

The respondent must receive formal notice of the case. This can happen through standard service, by accepting service voluntarily (SCA-FC-105), or, when an address is unknown, through publication using the Affidavit of Out-of-State or Unknown Residency (SCA-FC-110) and Order of Publication (SCA-FC-111).

4. Exchange Financial Disclosures

Both parties complete the Financial Statement (SCA-FC-106), supported by recent pay stubs, two years of tax returns or W-2s, and expense receipts. If there are minor children, the parenting and support forms come into play at this stage as well.

5. Complete Required Steps and Wait for the Hearing

West Virginia does not have a single statutory cooling-off period. However, the petitioner must give the respondent at least 20 days' notice before the final hearing, unless the respondent files a verified waiver of notice. For a divorce based on irreconcilable differences, both parties must agree, meaning the answer must admit the allegation. If the ground is voluntary separation, the spouses must have lived apart for one year before filing.

6. Finalize the Decree and Obtain Certified Copies

At the final hearing, the court enters the Decree of Divorce. Because there is no standardized fill-in decree form for self-represented litigants, the decree is typically prepared by the court or counsel. Once entered, you can request certified copies for your records and for updating accounts and documents.

West Virginia-Specific Requirements You Should Know

A few rules set West Virginia apart, and understanding them helps the process go more smoothly.

Residency. Under WV Code §48-5-105, the requirement depends on where the marriage took place. If the marriage was entered into in West Virginia, an action is maintainable as long as one of the parties is a current bona fide resident — no minimum duration applies. If the marriage was entered into outside West Virginia, residency must have been uninterrupted for one year immediately preceding the filing.

Property regime: equitable distribution. West Virginia is an equitable distribution state. Per WV Code §48-7-101, an equal split is the default unless a valid separation agreement exists or equity requires a different outcome. "Equitable" means fair, which is not always exactly fifty-fifty.

Grounds, including no-fault. West Virginia recognizes two no-fault grounds: irreconcilable differences, which requires both parties to agree (the answer must admit the allegation, with no corroboration required under §48-5-201), and voluntary separation, meaning living separate and apart without cohabitation for one year (§48-5-202). Fault grounds (§48-5-203 through §48-5-209) include cruel or inhuman treatment, adultery, desertion of six months, conviction of a crime, permanent and incurable insanity, habitual drunkenness or drug addiction, and abuse or neglect of a child.

Notice period. There is no statutory cooling-off period, but the respondent is entitled to at least 20 days' notice before the final hearing unless they waive it.

Mandatory parent education class. In all divorce cases involving minor children, both parties must complete the "Children in Between–Online" course through the Center for Divorce Education and file a certificate of completion before mediation or the final hearing. The fee is $25 per party, paid to the circuit clerk, and is waivable for indigent parties. This requirement comes from WV Code §48-9-104.

No covenant marriage. West Virginia does not have a covenant marriage law.

Common Mistakes to Avoid

Small paperwork errors can cause big delays. Here are some of the most common ones.

Skipping the financial documentation

The Financial Statement (SCA-FC-106) is required of both spouses and must include three recent pay stubs, two years of tax returns or W-2s, and expense receipts. Submitting it without the supporting documents is a frequent cause of delay.

Forgetting the parent education requirement

In cases with minor children, the "Children in Between–Online" certificate of completion must be filed before mediation or the final hearing. Overlooking this can hold up your case.

Missing the parenting forms in child cases

A Parenting Plan (SCA-FC-121) is required in all cases involving minor children, and child support is calculated using WV Guidelines worksheets rather than a single numbered form. Leaving these out is a common oversight.

Mishandling service

If your spouse's address is unknown, service by publication has its own forms (SCA-FC-110 and SCA-FC-111). Trying to skip proper service, or failing to document it with the Certificate of Service (SCA-FC-314), can stall the case.

Assuming there's a fill-in final decree

Because there is no standardized SCA-FC decree form for self-represented litigants, some people expect one and get stuck. Knowing the decree is drafted by the court or counsel helps set expectations.

How Divorce.com Can Help

West Virginia's forms are standardized statewide, which is a real advantage, but completing them correctly and in the right order still takes care. Divorce.com is built to make that part easier, turning a stack of legal forms into a simple, guided experience.

• Step-by-step guidance that prepares your West Virginia paperwork based on your answers

• Plain-language questions instead of confusing legal jargon

• Help organizing the right forms for your situation, including parenting documents when children are involved

• A faster, less stressful alternative to filling everything out by hand

• Support for an affordable, do-it-yourself path when your divorce is uncontested