Home/Divorce by State/West Virginia
Equitable Distribution State

Uncontested Divorce in West Virginia

A simple, affordable uncontested divorce in West Virginia. SimpleDivorce prepares court-ready forms, handles filing and service on your spouse, and keeps you updated to the final decree.

Filing an Uncontested Divorce in West Virginia

The facts that shape a West Virginia divorce — confirmed with you during intake.

Where you file

Family Court

Residency requirement

One spouse must have lived in West Virginia for at least 1 year before filing, unless the couple married in West Virginia and one spouse has continuously resided there since the marriage.

Court filing fee

$160 typical ($135-$185) — varies by county, passed through at cost

Waiting period

No mandatory statutory waiting period for an uncontested divorce based on irreconcilable differences; the family court generally will not hold the final hearing until at least 20 days after the other spouse is served.

Grounds

West Virginia allows no-fault divorce on the ground of irreconcilable differences when both spouses agree the marriage cannot continue.

Typical timeline

Most uncontested cases finalize in 4–8 weeks once the final hearing (no earlier than 20 days after service) is held and paperwork is approved.

Serving your spouse

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.

Fee waiver

Yes, for those who meet financial eligibility, via Financial Affidavit and Application to Proceed Without Payment

Common West Virginia Divorce Forms

Petition for Divorce
Settlement Agreement (Marital Property Agreement)
Financial Disclosure
Final Order of Divorce

SimpleDivorce prepares the exact forms your West Virginia court requires — you never track them down yourself.

Frequently Asked Questions

Answers specific to filing in West Virginia.

SimpleDivorce prepares your West Virginia forms, walks both spouses through signing, files with the family court, and can arrange for service or a waiver; no courthouse visit unless a brief final hearing is required.

Divorce in Nearby States

VirginiaOhioPennsylvaniaAll 50 states →
Ready when you are

Start Your West Virginia Divorce Today

Answer a few questions and we'll prepare your court-ready West Virginia divorce forms, then file with the court — and serve your spouse when needed. Sign. Split. Save!

Get Started See Pricing
All 50 statesFrom $399 flatDocuments in days