Home West Virginia Uncontested Divorce Kit
2026 edition • West Virginia Family Court Filing RoadmapWest Virginia Uncontested Divorce Kit
File on grounds of Irreconcilable Differences and get an Answer admitting it — the real trigger for an uncontested case in West Virginia Family Court, not simply signing a Separation Agreement.
- Guidance on the real statewide packet — Petition, Financial Statement, Answer & Separation Agreement
- Step-by-step filing instructions for West Virginia Circuit & Family Courts, in plain English
- Free eligibility check before you pay anything
- Instant PDF download — $129 one-time, no subscription
Takes 2 minutes to check · no commitment
“Gave me peace of mind knowing the forms were correct.”
Rachel B. · Charleston, West Virginia
Do You Qualify for Irreconcilable Differences?
Residency rules differ depending on where you were married — check below to see if you can file yourself.
Use this kit if:
- You were married in West Virginia and one of you currently lives here — no minimum residency length applies.
- Or you were married elsewhere and one of you has been a bona fide WV resident continuously for the year immediately before filing.
- You agree the marriage has irreconcilable differences, and your spouse is willing to file an Answer admitting it.
- You agree, or expect to agree, on property, debts, and any custody/support terms.
Talk to a lawyer if:
- Neither spouse meets the residency rule for your situation.
- Your spouse refuses to file an Answer admitting irreconcilable differences, or can't be located.
- You want to file based on Fault (Adultery, Cruel Treatment) or need the nonresident constructive-service route.
- You have a home, business, pension/retirement plan, or high-conflict custody issues — the Judiciary itself recommends a lawyer here.
An Answer Makes It Uncontested — Not the Separation Agreement Alone
Three documents do three different jobs. Confusing them is the most common mistake in a West Virginia no-fault filing.
West Virginia's 55 counties each run their own Circuit Clerk's office, and local practices can add requirements on top of the statewide forms below.
Includes Petition, Financial Statement & Agreement Guidance • 30-day refund
The Answer
W. Va. Code § 48-5-201 lets the court order a divorce once the complaint alleges irreconcilable differences and an Answer is filed admitting that allegation. This is what makes the case uncontested — not the Separation Agreement.
Acceptance of Service
Documents that your spouse received the Petition — it is a service shortcut, not the Answer itself and not a substitute for the respondent formally admitting the grounds.
Separation Agreement
Resolves property, debt, custody, and support terms between you. The Family Court retains authority to approve, modify, or reject it — signing one doesn't finalize your divorce by itself.
We can't promise a specific hearing outcome or timeline — no honest DIY product can, and your Family Court judge makes the final call. Our guide focuses on assembling complete, correctly executed paperwork the first time, since missing documents are what actually cause delays.
Why Use a West Virginia Filing Kit?
West Virginia's petitioner packet requires more than a Petition and a Separation Agreement — the Judiciary's own instructions list a Civil Case Information Statement, a Vital Statistics form, and a Financial Statement as mandatory for every filer, plus a full additional form set if you have children or are asking for support.
Save Thousands
You do the filing yourself and keep the difference between a lawyer's fee and a one-time kit price — see the breakdown alongside.
The Real Form Set, Explained
We walk you through the Petition, Civil Case Information Statement, Vital Statistics form, Financial Statement, Answer, and Separation Agreement field by field.
Your Total Out-of-Pocket
*$135 is the current base divorce-petition filing fee under W. Va. Code § 59-1-11, applied uniformly by county Circuit Clerks. It does not include service costs, the Parent Education Class fee if you have minor children, or other case-specific charges; a fee waiver may be available if you can't afford it. Confirm your county's current total with your Circuit Clerk before filing. Attorney figure is an illustrative estimate, not a quote.
What's Inside the Kit
A plain-English guide to the real West Virginia uncontested-divorce filing packet.
Separation Agreement
- A comprehensive Separation Agreement template covering property, debt & support
- Subject to Family Court review and approval
Core Filing Packet
Guidance on every statewide form the Judiciary requires from every petitioner:
Children & Support Route (If Applicable)
- Application for Child Support and Income Withholding Services (Bureau for Child Support Enforcement)
- Proposed Parenting Plan & Parent Education Notice
- Wage/tax/expense documentation your Financial Statement must include
- Adds to the base packet — not a substitute for it
What this kit does not include
- A guarantee that your county Circuit Clerk will accept your paperwork without additional local requirements
- A guarantee that the Family Court will waive a hearing, approve your Separation Agreement as written, or finalize your case on any particular timeline
- Cases where your spouse won't file an Answer admitting irreconcilable differences, can't be located, or contests the divorce
- Full coverage of minor-children cases — the Parent Education Class, Parenting Plan, and child-support calculations need their own careful review
- Real estate, retirement/pension accounts, business interests, or other complex property the Judiciary itself says a lawyer may better protect
- Your county Circuit Clerk's own filing, service, and education-class fees — separate from our $129 price
- Coverage for domestic-violence situations, adultery/fault grounds, or nonresident constructive-service cases — those need a different approach and often an attorney
PlainDivorce is a private publisher, not affiliated with, endorsed by, or approved by the West Virginia Judiciary or any Circuit or Family Court. Local court practices can require additional documents beyond the statewide forms; using our guide does not certify any document as court-approved or guarantee it is sufficient for your case. Always confirm current requirements with your county Circuit Clerk.
A plain-English companion to West Virginia's own divorce statutes and statewide court forms, for filing in your local Circuit and Family Court.
How It Works
A roadmap to your Final Order — not a promised timeline, since your county's schedule and case facts both matter.
File the Petition
File the Petition, Civil Case Information Statement, Vital Statistics form, and Financial Statement with your Circuit Clerk and pay the filing fee — confirm the current amount with your clerk.
Serve & Get an Answer
Have your spouse sign an Acceptance of Service, then file an Answer admitting irreconcilable differences — this is what makes the case uncontested.
Finalize Your Agreement
Sign your Separation Agreement covering property, debt, and support. The Family Court may approve, modify, or reject its terms.
Attend & Finalize
Attend the Family Court hearing per your county's procedure. The judge reviews your Agreement and signs the Final Divorce Order.
Simple Pricing vs. Lawyer Fees
| Feature | PlainDivorce Kit | Typical Lawyer |
|---|---|---|
| Total Cost | $129 | $2,000+ |
| Process Control | You set the pace (DIY) | Lawyer's schedule |
| Includes Forms? | Yes (Petition, Financial Statement, Answer & more) | Yes |
Secure One-Time Payment · No Subscriptions
If Your Case Isn't Eligible, You Get Your Money Back
If you buy the kit and then discover you have minor children needing a full custody/support review, your spouse won't file an Answer admitting irreconcilable differences, you own real estate or a retirement account, need a business valued, there's a domestic-violence situation, or another circumstance this kit isn't built for, email us within 30 days and we will refund you in full. We would rather lose the sale than have you file something that doesn't fit your situation.
Refunds are handled by our support team. See our Terms of Use for full details.
What Our Clients Say
Real stories from people who used PlainDivorce to complete their own filing.
4.7 out of 5 based on 300+ customer reviews
Customer reviews are collected from purchasers and support conversations. Names may be shortened for privacy, and individual results vary by court, case facts, and filing requirements.
“I’m not good with paperwork, but this was foolproof. Easy to navigate.”
Isabella C.
Huntington
“Super easy and affordable. I had my paperwork done the same day. Highly recommend PlainDivorce!”
Sophia T.
Huntington
“Gave me peace of mind knowing the forms were correct.”
Rachel B.
Charleston
Frequently Asked Questions
What are Irreconcilable Differences, exactly?
W. Va. Code § 48-5-201 lets the court order a divorce when the complaint alleges irreconcilable differences and the respondent files an Answer admitting that allegation. No corroborating proof of the differences is required. A Separation Agreement can resolve your terms, but the Answer — not the Agreement — is what makes the case uncontested.
How long do I need to have lived in West Virginia?
It depends on where you married. If you married in West Virginia, one of you just needs to be an actual bona fide resident when you file — no minimum length. If you married outside West Virginia, one of you must have been a continuous bona fide resident for the year immediately before filing (W. Va. Code § 48-5-105).
Does signing a Separation Agreement finalize my divorce?
No. A Separation Agreement resolves property, debt, and support terms between you and your spouse, but the Family Court retains authority to approve, modify, or reject it. The court still holds a hearing and enters its own Final Divorce Order.
What if we have minor children together?
You will need the full child/support form set on top of the base packet — including the Application for Child Support and Income Withholding Services, a proposed Parenting Plan, a Parent Education Notice, and completion of a paid Parent Education Class — and your Financial Statement must include recent pay stubs and two years of tax returns/W-2s. The Judiciary itself recommends legal help for cases involving children, property, or retirement plans.
What does it cost to file, beyond the kit price?
The current base divorce-petition filing fee is $135, charged uniformly by county Circuit Clerks under W. Va. Code § 59-1-11. Service costs, the Parent Education Class fee (if applicable), and other case-specific charges are separate; a fee waiver may be available if you can't afford it. Confirm your county's current total with your Circuit Clerk before filing.
Is this an official, court-issued kit?
No. The West Virginia Judiciary provides its own current forms and instructions free of charge, and its instructions note that a lawyer may better protect your rights in cases involving children, property, or retirement plans. Our kit is a private, independently written guide to completing those statewide forms; it is not issued, approved, or endorsed by the West Virginia Judiciary or any Circuit or Family Court.
What if it turns out my case isn't right for this kit?
Email support within 30 days and we will refund you in full. See our Terms of Use for details. We are not a law firm, cannot give legal advice, and cannot appear or file on your behalf — you file with the court yourself.
Important Legal Disclaimer
PlainDivorce is not a law firm and is not affiliated with, endorsed by, or approved by the West Virginia Judiciary or any Circuit or Family Court. We do not provide legal advice, do not represent you in court, and no attorney-client relationship is created by using this site or the kit. The West Virginia Uncontested Divorce Kit is a self-help information product explaining West Virginia's own divorce statutes and statewide court forms; it is not a certification that any document or process is court-approved for your specific case or county.
We do not guarantee that your spouse will file an Answer admitting irreconcilable differences, that a hearing will be waived, that the Family Court will approve your Separation Agreement as submitted, or that your case will finalize within any particular timeframe. The Circuit Clerk's filing fee (currently $135 under W. Va. Code § 59-1-11, plus service, Parent Education Class, and any county-specific costs, subject to change) is separate from, and not included in, our $129 price; you are responsible for verifying current requirements and fees with your county Circuit Clerk before filing. This kit does not fully cover cases involving minor children, contested proceedings, real estate, retirement account division, or business interests.
If you are experiencing domestic violence, coercion, or feel unsafe, do not rely on a self-help filing in place of legal advice or protective measures. Contact a family law attorney or the National Domestic Violence Hotline at 1-800-799-7233.
Content last reviewed: September 2026.