Skip the $15,000 Attorney: West Virginia’s Legal Framework for Filing Uncontested Divorce Online (With Every Statute Cited)

End your marriage in weeks—not months—without breaking the bank. If you and your spouse already agree on the major points, such as ending the marriage, division of property, parenting plans, and support arrangements, an uncontested divorce in West Virginia offers a quick and cost-efficient solution. In many counties, you can finalize everything in just 30-60 days, with a minimum of 20 days, and a uniform filing fee of $135 statewide. You also have the option to use reputable online document-preparation services for generating the official forms—this is perfectly legal as long as you understand they cannot provide legal advice. All procedures can be found in West Virginia Code Chapter 48 (Domestic Relations), which this guide references for your review.

Not legal advice. This guide is both educational and practical; however, if you have safety concerns, complex assets, or contested parenting time, it is recommended that you consult with a West Virginia family law attorney.

At‑a‑Glance: Is Uncontested Right for You?

  • You agree on the grounds for divorce. Most couples use irreconcilable differences (§ 48-5-201) or voluntary separation (§ 48-5-202) as grounds for divorce.
  • You’ve met residency. If you were married in West Virginia, either spouse can file once you’re a bona fide resident—no waiting period (§ 48-5-105). If you are married elsewhere, at least one of you must have one full year of continuous WV residence before filing.
  • You agree on kids. WV presumes 50/50 custody as the starting point (§ 48‑9‑102a). If you both want equal time (or have a clear plan that aligns with the best-interest factors), an uncontested divorce is ideal.
  • You can exchange financial information transparently. You’ll both file a Financial Statement (SCA‑FC‑106) with income, debts, and assets.
  • You’re comfortable filing paperwork and attending a brief final hearing. Pro se (self‑represented) filing is common; e‑filing is for attorneys only.

Confirm Residency, Venue, and Your Ground

Residency (§ 48‑5‑105).
  • Married in WV? File as soon as you are an “actual bona fide resident” (real presence + intent to remain).
  • Married outside WV? One of you must have resided in WV continuously for at least one year before filing.
  • Special adultery rule. If you file on adultery and your spouse is a nonresident who cannot be personally served in WV, you (the filing party) must have lived in WV for one continuous year before filing.
Venue (§ 48‑5‑106).
  • If your spouse lives in WV, file in the county where you last lived together or where your spouse currently resides.
  • If your spouse lives out of state, you can file where you last cohabited in WV or where you live now.
Pick your ground.
  • Irreconcilable differences (§ 48‑5‑201) is the smoothest for uncontested cases, but your spouse must admit that ground in the Answer.
  • Voluntary separation (§ 48‑5‑202) requires living in separate residences for one continuous year with no cohabitation. Your spouse’s agreement isn’t required for this ground, but you must meet the time rule.

Tip: If your spouse won’t sign an Answer admitting irreconcilable differences, use voluntary separation if you qualify.

If You Have Children—Understand the 50/50 Starting Line

In 2022, West Virginia adopted a rebuttable presumption that equal (50/50) custodial allocation is in a child’s best interests (§ 48‑9‑102a). That means the court starts at an equal time. If either parent wants something different, they must rebut the presumption by demonstrating why another schedule would better serve the child.
Best‑interest factors (§ 48‑9‑209). Courts weigh safety first (abuse, neglect, domestic violence, threats, credible safety concerns), then practical issues: distance between homes, the child’s school and routine, parents’ work schedules, who handled caretaking functions, ability to cooperate, and older children’s firm, reasonable preferences (especially age 14+). Courts also look at whether a parent fosters the child’s relationship with the other parent.
Limits when safety is an issue (§ 48‑9‑209(a)).
If there’s proven abuse, neglect, or similar conduct, the court can order supervised visitation, no overnights, alcohol/drug abstinence windows before and during parenting time, exchange‑site safeguards, or other protective limits.
Parent education (§ 48‑9‑104).
If you have minor children, the court generally requires both parents to complete a parent education course (often the state‑approved online “Children in Between – Online”) before the final hearing. The fee is $25 per parent, and fee waivers are available for those who qualify.
Mediation.
If you cannot agree on a parenting plan, most courts require an attempt at mediation (with screening for issues like domestic violence). Many parents settle there.

Child Support—The Income Shares Model, in Plain Language

West Virginia uses the income shares model (§ 48‑13‑201). Think of it this way:
  1. Combine both parents’ adjusted gross incomes to obtain a single monthly number.
  2. The guidelines (table in § 48‑13‑301) assign a basic support obligation based on the combined income and number of children.
  3. Each parent owes their percentage share of that obligation, plus add-ons such as health insurance premiums for the children, unreimbursed medical expenses, and work-related childcare (§ 48-13-602).
  4. How the money flows depends on parenting time.
Two worksheets.
  • Worksheet A (§ 48‑13‑403): One parent has 127 overnights or fewer per year. The nonresidential parent pays their share to the other.
  • Worksheet B (§ 48‑13‑502): Each parent has more than 127 overnights (extended shared parenting). The basic obligation is multiplied by 1.6, apportioned according to income shares, and then offset against each other based on the percentage of time the child spends with the other parent. The higher-net-obligation parent pays the difference.
What counts as income (§ 48‑13‑204, § 48‑13‑202).
Most earnings are counted (wages, self-employment, certain benefits). Up to 50% of regular overtime may be included. Public assistance such as TANF/SSI doesn’t count. Courts can apply student‑loan deductions and other adjustments enacted in recent updates, and pre‑existing support orders are factored in.
Duration & modification (§ 48‑11‑103; § 48‑11‑105).
Support generally ends at 18, but can continue up to 20 if the child is unmarried, living with a parent/guardian, and enrolled full‑time in secondary school or vocational training, making progress toward a diploma. Major changes in circumstance—or a recalculation that shifts the amount by 15% or more—can justify a modification.

Illustration only: Suppose the table says your two children’s basic obligation is $1,200 at your combined income. If you earn 60% of the combined income and your co‑parent earns 40%, under Worksheet A, you’d pay 60% of $1,200 = $720 (plus your share of add‑ons). Under Worksheet B (shared time over 127 nights each), the court would do the 1.6 multiplier and the offset—sometimes resulting in a much smaller transfer.

Spousal Support (Alimony)—When It’s on the Table

WV recognizes four types (§ 48‑8‑101):
  • Permanent (rare; typically where disability, age, or long absence from workforce makes self‑support unrealistic),
  • Temporary (pendente lite) during the case,
  • Rehabilitative for a set time to gain education/skills, and
  • In gross (a set total amount, lump sum or installments).
Essential prerequisite (§ 48‑8‑101(c)). You must be living separate and apart; courts won’t award spousal support to couples still cohabiting.
What courts weigh (§ 48‑6‑301(b), § 48‑8‑104).
Expect deep dives into the length of marriage, each spouse’s income and earning capacity, time out of the job market, education/skills, health, childcare duties, standard of living, contributions to the other spouse’s career, tax effects, and more. Fault (e.g., adultery, cruelty) can be considered for spousal support (§ 48‑8‑104), but it isn’t automatically decisive. Any award must align with the payor’s ability to pay (§ 48‑8‑103), and rehabilitative support can later be modified if circumstances change (§ 48‑8‑105).

Property Division—Equitable, Not Automatic 50/50

WV is an equitable distribution state (Chapter 48, Article 7). The default starting point is an equal division of marital property (§ 48‑7‑101), but courts can deviate when fairness calls for it (§ 48‑7‑103).
Marital vs. separate (§ 48‑1‑233; § 48‑1‑237).
  • Marital property generally includes everything acquired during the marriage by either spouse, in any form (title doesn’t control), plus increases in value due to marital efforts.
  • Separate includes what you had before marriage, gifts/inheritances to one spouse, property exchanged for separate property, post‑separation acquisitions before final orders, and passive increases in value (e.g., market growth).
  • Courts can consider dissipation—wasting or hiding assets—when dividing property. Otherwise, marital fault does not affect property division.
Your agreement controls—unless otherwise specified (§ 48-7-102).
If you sign a fair Marital Settlement Agreement and both understand it, courts almost always adopt it, unless there’s fraud, duress, unconscionability, or it defeats the statute’s purpose in light of real contributions to marital value.

Gather Forms and Documents

You’ll find the latest Supreme Court of Appeals of West Virginia family court forms on the judiciary website. For an uncontested case, expect to prepare:
  • Petition for Divorce (SCA‑FC‑101)
  • Civil Case Information Statement (SCA‑FC‑103)—three copies
  • Financial Statement (SCA‑FC‑106) for each spouse
  • Vital Statistics form (SCA‑FC‑104)
  • Acceptance of Service (SCA‑FC‑105) (if your spouse will sign in front of a notary)
If children are involved:
  • Proposed Parenting Plan (details custody/visitation and decision‑making)
  • Parent Education Registration
  • BCSE application (for child support enforcement and income withholding)
Respondent’s side: Answer to Divorce (SCA‑FC‑108), Respondent’s CCIS (SCA‑FC‑114), and their Financial Statement.

Pro tip: Prepare a complete Marital Settlement Agreement and attach your Parenting Plan. Arriving at court with signed, notarized agreements speeds the final hearing.

File and Serve—How It Works

Where to file.
File your petition and two sets of copies with the Circuit Clerk in the correct county (see “Venue” above). At filing, you’ll pay the $135 fee (or submit a fee‑waiver application if you qualify).
E‑filing?
West Virginia’s CourtPLUS e‑filing is currently for attorneys and government users only. Self‑represented parties file in person.
Service of process.
For true uncontested cases, the simplest method is Acceptance of Service (SCA‑FC‑105): your spouse receives the filed papers and signs a notarized acceptance that you then file. Otherwise, you can use:
  • Sheriff’s service (commonly around $25),
  • Certified mail with restricted delivery (works only if your spouse signs),
  • Private process server (any nonparty adult; market rates vary), or
  • Publication (last resort if you can’t locate your spouse after a diligent search).

Caution: If you serve by publication because you can’t personally serve an out‑of‑state spouse, the court’s power over property division and support may be limited. Ask a lawyer before choosing this path.

Answer deadline.
Your spouse has 20 days to answer (30 if served out‑of‑state or by certain methods). In an uncontested case, the Answer usually admits irreconcilable differences and confirms your agreements.

Timeline—Minimums, Maximums, and Realistic Expectations

  • Absolute minimum: The final hearing cannot occur sooner than 20 days after filing.
  • Statutory maximum: Courts aim to hold the final hearing within 220 days (§ 48‑5‑501).
Typical timelines.
  • No children: 30–60 days in cooperative cases—file (day 0), prompt service (days 1–5), Answer on or before day 20, final hearing set shortly thereafter.
  • With children: 3–6 months, mainly because of parent education scheduling, parenting plan work, and extrajudicial review.
How to keep things moving:
  • Use Acceptance of Service immediately.
  • File the Answer quickly—don’t wait the full 20 days.
  • Complete parent education right after filing.
  • Arrive with signed agreements and a clear Parenting Plan.
  • As soon as the Answer and education certificates are in, request the earliest available final date.

What It Costs (and How to Save)

  • Filing fee: $135 (uniform statewide).
  • Service: Sheriff (~$25), certified mail (~$20), Secretary of State service if needed (~$20), private server varies.
  • Parent education: $25 per parent (waivers available).
  • Online document prep: typically $139–$299 (optional).
  • Lawyer costs (if you choose counsel): limited‑scope help $500–$2,000; full representation for uncontested $2,000–$3,000 (contested cases can run far higher).
Fee waivers.
If you can’t afford court costs, file the Financial Affidavit and Application: Eligibility for Waiver of Fees (SCA‑C&M201). Approved waivers can cover filing, service, and parent‑education fees.

Online Divorce Services—When They Fit (and When They Don’t)

Legality. Using an online service to prepare the official WV forms is lawful. These companies aren’t law firms; they transcribe your answers into court‑approved forms and deliver them to you for filing.
Best use‑cases.
  • You and your spouse agree on everything (property, parenting time, child support, alimony),
  • Your assets are simple,
  • No domestic violence or safety issues, and
  • You want cost and time savings without legal advice.
Pros. Convenience, fast turnaround (often 1–2 business days), clear questionnaires, and big savings versus full‑scope counsel.
Limits. They cannot give legal advice, strategize, negotiate for you, appear in court, or handle contested issues. If you have a business, complex retirement division (e.g., QDROs), significant separate‑property tracing, or genuine parenting disputes, consult a lawyer.

Recent WV Changes You Should Know

  • 50/50 custody presumption (effective 2022): Courts start at equal time (§ 48‑9‑102a).
  • Child support updates (2023 legislation): Adjustments to certain calculations and student‑loan deduction rules now apply. Existing orders can be reviewed if the circumstances warrant it.
  • Court administration (effective 2025): Family‑court circuit realignments and judge counts changed in some circuits. These are structural, not substantive, but they can affect scheduling.

The Uncontested Divorce—Start‑to‑Finish Checklist

  1. Eligibility & ground
    • ✔️ Residency satisfied (§ 48‑5‑105).
    • ✔️ Choose irreconcilable differences (§ 48‑5‑201) or voluntary separation (§ 48‑5‑202).
    • ✔️ Pick the correct venue (§ 48‑5‑106).
  2. Agreements
    • ✔️ Property and debts (who gets what, who pays what).
    • ✔️ Spousal support (yes/no; amount and duration if yes).
    • ✔️ Parenting Plan (time schedule + decision‑making) if you have children.
    • ✔️ Child support by the guidelines (add insurance, childcare, unreimbursed medical).
  3. Forms & documents
    • ✔️ Petition (SCA‑FC‑101), CCIS (SCA‑FC‑103—3 copies), Financial Statement (SCA‑FC‑106), Vital Stats (SCA‑FC‑104).
    • ✔️ Acceptance of Service (SCA‑FC‑105) if your spouse will sign.
    • ✔️ Parenting Plan, Parent Education registration, BCSE application (if kids).
    • ✔️ Settlement Agreement (attach to your Petition or bring to court).
    • ✔️ Proof of completion of parent education (if required).
  4. File & serve
    • ✔️ File at the Circuit Clerk; pay $135 or file the fee‑waiver application.
    • ✔️ Serve by Acceptance of Service (fastest) or other valid method.
  5. Answer, schedule, and finish
    • ✔️ Spouse files Answer within 20 days (admitting irreconcilable differences if that’s your ground).
    • ✔️ Complete parent education promptly.
    • ✔️ Request the earliest final hearing.
    • ✔️ Attend the hearing with IDs, originals, copies, and notarized agreements.
    • ✔️ Get certified copies of the Final Divorce Decree.

Quick Statute Roadmap (so you can verify)

  • Residency & Venue: § 48‑5‑105, § 48‑5‑106
  • Grounds: No‑fault (§ 48‑5‑201, § 48‑5‑202); Fault (§ 48‑5‑203 through § 48‑5‑209)
  • Parenting & Custody: Chapter 48, Article 9; 50/50 presumption (§ 48‑9‑102a); parent education (§ 48‑9‑104); best‑interest factors (§ 48‑9‑209)
  • Child Support: Income shares framework (§ 48‑13‑201); guidelines table (§ 48‑13‑301); shared‑parenting worksheets (§ 48‑13‑403 and § 48‑13‑502); add‑ons (§ 48‑13‑602); modification/age‑out (§ 48‑11‑103; § 48‑11‑105)
  • Spousal Support: Types (§ 48‑8‑101); payment & modification (§ 48‑8‑103; § 48‑8‑105); effect of fault (§ 48‑8‑104); factor list sits in § 48‑6‑301(b)
  • Property: Equitable distribution (Article 7); marital vs. separate (§ 48‑1‑233; § 48‑1‑237); starting equal division (§ 48‑7‑101); deviation factors (§ 48‑7‑103); honoring agreements (§ 48‑7‑102)
  • Timing: Final hearing window (§ 48‑5‑501)

Two Common Paths (to help you choose)

Path A: DIY + Court Forms
  • Out‑of‑pocket: ~$185–$200 (filing + basic service; add $25/parent for education if applicable).
  • Best for: razor‑simple cases, very comfortable with paperwork, and both spouses are responsive.
  • Steps: Download forms → fill carefully → file & serve → Answer filed → parent education (if kids) → final hearing.
Path B: Online Docs + DIY Filing
  • Out‑of‑pocket: ~$324–$484 (service and education extra if needed).
  • Best for: simple cases where you want guidance on generating forms correctly the first time.
  • Steps: Complete online questionnaire → download/receive completed WV forms → review/edit → file & serve → Answer → education (if kids) → final hearing.
If anything becomes contested—a last‑minute dispute about a house, a business valuation, or parenting time—press pause and talk with a lawyer before proceeding. A brief consultation can prevent an expensive redo.

Friendly Final Notes

  • Accuracy matters. The court cares more about correct, complete forms than where you got them. Double‑check names, dates, and case numbers, and bring two extra copies of everything to the hearing.
  • Be practical in your Parenting Plan. The “best” plan is the one you can follow every week without chaos. Build in travel logistics, school start times, holidays, and hand‑off details.
  • Think ahead of support. Add health insurance, work‑related childcare, and a plan for unreimbursed medical tracking. Keeping clear records keeps co‑parenting civil.
  • Keep safety first. If you have any concerns about abuse, stalking, or coercion, speak with Legal Aid of West Virginia or a local attorney, and ask the court about protective conditions on exchanges and parenting time.
With the right preparation—and the cooperation that defines “uncontested”—a West Virginia divorce can be straightforward, affordable, and quick, while still complying with every requirement in Chapter 48. Use this guide as your checklist, lean on the statute road map to verify finer points, and don’t hesitate to call in a professional if your facts are unusual or something stops feeling simple.