West Virginia Uncontested Divorce Petition + Decree Filing Packet

West Virginia Uncontested Divorce Petition + Decree Filing Packet

Pre-Filing Eligibility and Residency Checklist

☐ Residency (W. Va. Code § 48-5-105):

• If the parties were married in West Virginia: at least one spouse is currently a resident of West Virginia at the time of filing.
• If the parties were married outside West Virginia: at least one spouse must have been a bona fide resident of West Virginia for one (1) year immediately preceding filing.
  ☐ Ground for divorce: Irreconcilable differences (W. Va. Code § 48-5-201) — both parties must agree.
  ☐ Both parties intend to sign and admit the irreconcilable differences allegation (an Answer admitting it is required).
  ☐ Venue (W. Va. Code § 48-5-106): proper county determined.
  ☐ Filing fee ready (varies by county; fee waiver available via Affidavit of Indigency).
  ☐ Property Settlement Agreement drafted.
  ☐ Parenting Plan and child support worksheet prepared if minor children.
  ☐ Vital Statistics Certificate of Divorce / Annulment prepared.
  ☐ Financial disclosure (Financial Statement / Income and Expense Schedule) prepared.

No statutory waiting period. Under W. Va. Code § 48-5-201, when both parties agree to irreconcilable differences and an Answer admitting that allegation is filed, the Family Court may proceed to entry of the Final Order without corroboration of grounds, jurisdiction, or venue.

Document 1 — Petition for Divorce

IN THE FAMILY COURT OF [_______________________] COUNTY, WEST VIRGINIA

Civil Action No.: [____]-D-[______]

PETITION FOR DIVORCE

NOW COMES the Petitioner, [_______________________], pro se, and states:

1. Residency and Jurisdiction.

Choose one:
☐ The parties were married in West Virginia, and at least one party is currently a bona fide resident of West Virginia, in accordance with W. Va. Code § 48-5-105.
☐ The parties were married outside West Virginia, and [Petitioner / Respondent] has been a bona fide resident of West Virginia for at least one (1) year immediately preceding the filing of this Petition.

Petitioner currently resides at: [______________________________________].

2. Venue.
Pursuant to W. Va. Code § 48-5-106, venue is proper in this county because: [☐ the parties last cohabitated here as spouses; ☐ Respondent currently resides here; ☐ Petitioner resides here and Respondent does not live in West Virginia].

3. Parties.

4. Marriage.
The parties were married on [__/__/____] in [City, County, State/Country].

5. Separation.
The parties separated on or about [__/__/____] and have lived separate and apart since that date.

6. Ground — Irreconcilable Differences (W. Va. Code § 48-5-201).
Irreconcilable differences exist between the parties. There is no reasonable prospect of reconciliation. Respondent will file an Answer admitting this allegation.

7. Dependent Children.
☐ There are no dependent children of either or both parties.
☐ There are the following dependent children of the parties (W. Va. Code § 48-5-201 requires listing):

8. Pregnancy.
☐ Neither party is pregnant.
☐ [_______________________] is currently pregnant; expected due date: [__/__/____].

9. Marital Property and Debts.
The parties have acquired marital property and debts during the marriage, which the parties have agreed to allocate equitably as set forth in the attached Property Settlement Agreement, in accordance with W. Va. Code § 48-7-101 et seq.

10. Separate Property.
Each party shall retain his or her separate property as defined in W. Va. Code § 48-1-237.

11. Spousal Support.
☐ Each party waives spousal support.
☐ The parties have agreed to spousal support as set forth in the attached Property Settlement Agreement.

12. Restoration of Former Name.
☐ Petitioner requests restoration of former name: [_______________________________].
☐ Not applicable.

13. Military Service.
☐ Neither party is on active duty with the U.S. Armed Forces.
☐ [Specify].

14. Pending or Prior Proceedings.
☐ No prior or pending domestic relations actions between the parties.
☐ The following: [_______________________________].

WHEREFORE, Petitioner prays for:
(a) A Final Order of Divorce on the ground of irreconcilable differences;
(b) Approval and incorporation of the Property Settlement Agreement (and Parenting Plan, if applicable);
(c) Equitable distribution of marital property and allocation of marital debts;
(d) [If applicable] allocation of custodial responsibility and child support pursuant to W. Va. Code §§ 48-9-101 and 48-13-101 et seq.;
(e) Restoration of former name, if requested; and
(f) Such other relief as the Family Court deems just.

________________________________________
[PETITIONER NAME], Pro Se
[Address] | [Phone] | [Email]

VERIFICATION

STATE OF WEST VIRGINIA )
COUNTY OF [____________] ) to-wit:

I, [PETITIONER NAME], being first duly sworn, depose and state that I have read the foregoing Petition for Divorce and that the allegations therein are true to the best of my knowledge and belief.

________________________________________
[PETITIONER NAME]

Taken, sworn, and subscribed before me on [__/__/____].

________________________________________
Notary Public — My commission expires: [__/__/____]

Document 2 — Answer Admitting Irreconcilable Differences

IN THE FAMILY COURT OF [_______________________] COUNTY, WEST VIRGINIA

Civil Action No.: [____]-D-[______]

ANSWER OF RESPONDENT ADMITTING IRRECONCILABLE DIFFERENCES

NOW COMES the Respondent, [_______________________], pro se, and for Answer states:

1. Respondent admits each and every allegation contained in the Petition for Divorce.
2. Respondent specifically admits that irreconcilable differences exist between the parties within the meaning of W. Va. Code § 48-5-201, and that there is no reasonable prospect of reconciliation.
3. Respondent joins in the Petitioner's request for entry of a Final Order of Divorce and approval of the attached Property Settlement Agreement.
4. Respondent waives further notice of all proceedings except entry of the Final Order.

________________________________________
[RESPONDENT NAME], Pro Se
Date: [__/__/____]

VERIFICATION

STATE OF WEST VIRGINIA )
COUNTY OF [____________] ) to-wit:

Taken, sworn, and subscribed before me on [__/__/____].

________________________________________
Notary Public

Document 3 — Civil Case Information Statement / Family Court Coversheet

Complete the West Virginia Family Court Civil Case Information Statement and Vital Statistics Certificate of Divorce/Annulment at filing. Required data includes:

☐ Parties' full legal names, DOB, place of birth, race.
☐ Date and place of marriage; date of separation.
☐ Number and names of children.
☐ Prior marriages and how terminated.
☐ Confidential party information (filed under seal).

Document 4 — Property Settlement Agreement

PROPERTY SETTLEMENT AGREEMENT

This Agreement is entered between [PETITIONER NAME] and [RESPONDENT NAME] (the "Parties") on [__/__/____].

1. Recitals

The Parties married on [__/__/____] and separated on [__/__/____]. The Parties wish to settle all property, debt, support, and (if applicable) child-related issues under W. Va. Code § 48-7-101 et seq.

2. Real Property

The receiving Party shall execute and record a deed within 30 days of the Final Order.

3. Vehicles

4. Bank, Investment, and Retirement Accounts

QDRO required: ☐ Yes for [____________________] ☐ No.

5. Personal Property

The Parties have already divided household goods, furnishings, and personal effects to their mutual satisfaction.

6. Marital Debts

Each responsible Party shall indemnify and hold the other harmless.

7. Separate Property

The Parties confirm each other's separate property as defined under W. Va. Code § 48-1-237.

8. Spousal Support

☐ Each Party waives all claims to past, present, and future spousal support under W. Va. Code § 48-8-101.
☐ [Petitioner / Respondent] shall pay $[_____] per month for [____] months commencing [__/__/____].

9. Insurance

Each Party shall be responsible for his/her own health insurance after the Final Order.

10. Taxes

The Parties shall file [☐ joint / ☐ separate] returns for tax year [____].

11. Mutual Release

Except as set forth herein, each Party releases the other from all claims arising out of the marriage.

12. Full Disclosure

Each Party affirms full and accurate financial disclosure.

________________________________________
[PETITIONER NAME] — Date: [__/__/____]

________________________________________
[RESPONDENT NAME] — Date: [__/__/____]

(Notarize both signatures.)

Document 5 — Financial Disclosure Reference

Both parties must complete and exchange a Financial Statement / Income and Expense Schedule disclosing:

☐ Income from all sources (most recent paystubs, last 3 years of federal tax returns).
☐ Monthly expenses (housing, utilities, food, transportation, debt service, insurance).
☐ Real and personal property with values.
☐ Bank, brokerage, retirement accounts with balances.
☐ All debts and liabilities.
☐ Health, life, disability insurance coverage.

Document 6 — Child Support Reference (if children involved)

West Virginia uses an income-shares model under W. Va. Code § 48-13-101 et seq.

Required documents:
☐ Child Support Calculation (Worksheet A — basic; Worksheet B — extended shared parenting if each parent has 127+ overnights/year).
☐ Bureau for Child Support Enforcement (BCSE) intake forms (in most counties).
☐ Income Withholding Order.

Inputs:
☐ Each parent's adjusted gross income.
☐ Health insurance premium for children.
☐ Work-related childcare costs.
☐ Overnight schedule.

Document 7 — Parenting Plan (if children involved)

A Parenting Plan under W. Va. Code § 48-9-205 must allocate:
☐ Custodial responsibility (residential schedule).
☐ Decision-making responsibility (education, health, religion, extracurricular).
☐ Holiday and vacation schedule.
☐ Dispute resolution procedure.
☐ Relocation provisions per W. Va. Code § 48-9-403.

Document 8 — Final Order of Divorce

IN THE FAMILY COURT OF [_______________________] COUNTY, WEST VIRGINIA

Civil Action No.: [____]-D-[______]

FINAL ORDER OF DIVORCE

THIS MATTER came before the Family Court on the Petition for Divorce, the Answer admitting irreconcilable differences, the Property Settlement Agreement, the Parenting Plan (if applicable), and the Child Support Worksheets (if applicable). The Court FINDS:

1. The Court has subject-matter jurisdiction and personal jurisdiction over the parties.
2. Residency requirements of W. Va. Code § 48-5-105 are satisfied.
3. Venue is proper under W. Va. Code § 48-5-106.
4. Respondent has filed an Answer admitting that irreconcilable differences exist between the parties.
5. Under W. Va. Code § 48-5-201, no corroboration of irreconcilable differences, jurisdiction, or venue is required.
6. The Property Settlement Agreement is fair and equitable and not the product of fraud, duress, or unconscionability.
7. [If children: The Parenting Plan serves the best interests of the children; child support is calculated under the West Virginia Child Support Guidelines.]

IT IS THEREFORE ORDERED:

(a) The bonds of matrimony between [PETITIONER NAME] and [RESPONDENT NAME] are DISSOLVED on the ground of irreconcilable differences.
(b) The Property Settlement Agreement is APPROVED and INCORPORATED, but not merged, into this Order.
(c) Marital property and debts are equitably allocated as set forth in the Agreement.
(d) [Spousal support order, if any.]
(e) [Custodial responsibility, decision-making, and parenting time per the Parenting Plan, if applicable.]
(f) [Child support of $[_____] per month payable by [Party] beginning [__/__/____], plus income withholding.]
(g) [PETITIONER NAME]'s former name of [_______________________] is restored, if requested.
(h) Each party shall execute all documents necessary to effectuate this Order.
(i) The Court retains jurisdiction to enforce and modify this Order as permitted by law.

ENTERED this [____] day of [______________], 20[____].

________________________________________
FAMILY COURT JUDGE

Approved as to Form and Content:

________________________________________
[PETITIONER NAME] — Date: [__/__/____]

________________________________________
[RESPONDENT NAME] — Date: [__/__/____]

Filing Procedure Checklist

☐ Step 1: Confirm residency per W. Va. Code § 48-5-105.
☐ Step 2: Prepare Petition for Divorce, Civil Case Information Statement, Vital Statistics form, Financial Statement, and (if applicable) Parenting Plan + Child Support Worksheet.
☐ Step 3: File with the Circuit Clerk in the proper county; pay filing fee or file Affidavit of Indigency.
☐ Step 4: Serve Respondent. Easiest: Respondent signs an Acceptance of Service or files the Answer admitting irreconcilable differences in lieu of being formally served.
☐ Step 5: Respondent files the Answer admitting irreconcilable differences (required under § 48-5-201).
☐ Step 6: File the Property Settlement Agreement and proposed Final Order.
☐ Step 7: Attend the Family Court hearing (most counties schedule a brief uncontested final hearing where the Family Court Judge confirms the agreement on the record).
☐ Step 8: Family Court Judge signs the Final Order. No statutory cooling-off period. Order is effective on entry.
☐ Step 9: Obtain certified copies; file with Bureau for Child Support Enforcement if support ordered.

Note: Either party may appeal the Family Court Final Order to the Circuit Court within 30 days under Rule 28 of the Rules of Practice and Procedure for Family Court.

Sources and References

• W. Va. Code § 48-5-105 — Residency requirement
• W. Va. Code § 48-5-106 — Venue
• W. Va. Code § 48-5-201 — Irreconcilable differences (no-fault ground; requires admitting Answer)
• W. Va. Code § 48-7-101 et seq. — Equitable distribution
• W. Va. Code § 48-8-101 et seq. — Spousal support
• W. Va. Code § 48-9-101 et seq. — Allocation of custodial responsibility
• W. Va. Code § 48-13-101 et seq. — Child support guidelines
• West Virginia Supreme Court of Appeals — Self-Help Forms: https://courtswv.gov/lower-courts/family-court
• Brown v. Brown, 142 W. Va. 695 (1957)

Disclaimer: Both parties must consent to the irreconcilable differences ground. If Respondent will not admit, divorce on this no-fault ground is unavailable; consider the 1-year separation no-fault ground under § 48-5-202 or a fault ground.