West Virginia waives its residency wait entirely if you married in the state — couples married elsewhere need a year, and they file with a packet of numbered SCA-FC forms.
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Templates reviewed for the 2026 filing year · Based on official state forms
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West Virginia divorce template samples
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Uncontested Divorce SampleSee the full text of the agreement both spouses sign together.
Complaint for Divorce — Uncontested
IN THE CIRCUIT COURT OF [1. County] COUNTY, WEST VIRGINIA
Civil Action No. [2. Case Number]
[3. Plaintiff Full Name], Plaintiff, vs. [4. Defendant Full Name], Defendant.
Comes now the Plaintiff, [3. Plaintiff Full Name], and files this Complaint for Divorce against the Defendant, [4. Defendant Full Name], and in support thereof respectfully states:
Jurisdiction and Residency
Plaintiff has been a resident of the State of West Virginia for at least one year immediately preceding the filing of this Complaint, in accordance with W. Va. Code § 48-5-105. This Court has jurisdiction over the parties and the subject matter of this action.
Marriage Information
The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. There are no minor children born of or adopted during this marriage.
Grounds for Divorce
Irreconcilable differences exist between the parties, and the parties have agreed to the divorce, in accordance with W. Va. Code § 48-5-201. The marriage should be dissolved.
Property and Debt Division
The parties have reached a full and complete agreement regarding the division of all marital property, assets, and debts. The terms of this division are as follows: [8. Property and Debt Division Terms]
Spousal Support
The parties have agreed that spousal support shall be as follows: [9. Spousal Support Terms]
Request for Relief
WHEREFORE, Plaintiff respectfully requests that this Court:
(a) enter a Decree of Divorce dissolving the marriage of the parties;
(b) approve the parties' agreement regarding property, debts, and spousal support;
(c) restore Plaintiff's former name of [10. Former Name], if requested; and
(d) grant such other and further relief as the Court deems just and proper.
Dated: [11. Date of Signing]
Verification
I, [3. Plaintiff Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
Executed this [12. Execution Date] day of [13. Execution Month, Year], at [14. City and State of Execution].
Contested Divorce SampleSee how disputed terms are laid out before you fill anything in.
Complaint for Divorce — Contested
IN THE CIRCUIT COURT OF [1. County] COUNTY, WEST VIRGINIA
Civil Action No. [2. Case Number]
[3. Plaintiff Full Name], Plaintiff, vs. [4. Defendant Full Name], Defendant.
Comes now the Plaintiff, [3. Plaintiff Full Name], and files this Complaint for Divorce against the Defendant, [4. Defendant Full Name], and in support thereof respectfully states:
Jurisdiction and Residency
Plaintiff has been a resident of the State of West Virginia for at least one year immediately preceding the filing of this Complaint, in accordance with W. Va. Code § 48-5-105. This Court has jurisdiction over the parties and the subject matter of this action.
Marriage Information
The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. The parties have lived separate and apart for a continuous period of at least one year immediately preceding the filing of this Complaint. There are no minor children born of or adopted during this marriage.
Grounds for Divorce
The parties have lived separate and apart, without interruption, for a period of more than one year, in accordance with W. Va. Code § 48-5-202. The marriage should be dissolved.
Property and Debt Division
The parties are unable to agree on the division of their marital property, assets, and debts. Plaintiff requests that this Court divide the parties' marital property and debts in accordance with W. Va. Code § 48-7-101. The relevant marital assets and liabilities include: [8. Property and Debt Description]
Spousal Support
The parties are unable to agree on spousal support. Plaintiff requests that the Court award spousal support in an amount and for a duration that is just and equitable, considering the factors set forth in W. Va. Code § 48-6-301. Relevant facts include: [9. Spousal Support Facts]
Request for Relief
WHEREFORE, Plaintiff respectfully requests that this Court:
(a) enter a Decree of Divorce dissolving the marriage of the parties;
(b) divide the parties' marital property and debts;
(c) award spousal support as the Court deems just and equitable;
(d) restore Plaintiff's former name of [10. Former Name], if requested; and
(e) grant such other and further relief as the Court deems just and proper.
Dated: [11. Date of Signing]
Verification
I, [3. Plaintiff Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
Executed this [12. Execution Date] day of [13. Execution Month, Year], at [14. City and State of Execution].
Uncontested Divorce with Children SampleSee the agreement plus the parenting plan section in full.
Complaint for Divorce — Uncontested with Children
IN THE CIRCUIT COURT OF [1. County] COUNTY, WEST VIRGINIA
Civil Action No. [2. Case Number]
[3. Plaintiff Full Name], Plaintiff, vs. [4. Defendant Full Name], Defendant.
Comes now the Plaintiff, [3. Plaintiff Full Name], and files this Complaint for Divorce against the Defendant, [4. Defendant Full Name], and in support thereof respectfully states:
Jurisdiction and Residency
Plaintiff has been a resident of the State of West Virginia for at least one year immediately preceding the filing of this Complaint, in accordance with W. Va. Code § 48-5-105. This Court has jurisdiction over the parties and the subject matter of this action.
Marriage Information
The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation].
There are [8. Number of Children] minor child(ren) born of or adopted during this marriage: [9. Children Names and Birthdates].
Grounds for Divorce
Irreconcilable differences exist between the parties, and the parties have agreed to the divorce, in accordance with W. Va. Code § 48-5-201. The marriage should be dissolved.
Custodial Responsibility and Parenting Plan
The parties have reached a full agreement regarding custodial responsibility for the minor child(ren), in accordance with the best interests of the child(ren) under W. Va. Code § 48-9-207. The agreed parenting plan is as follows: [10. Parenting Plan Terms]
Child Support
The parties have reached an agreement on child support consistent with the West Virginia Child Support Guidelines (W. Va. Code § 48-13-101). The agreed monthly child support amount is [11. Child Support Amount], payable by [12. Paying Parent] to [13. Receiving Parent]. Additional terms: [14. Child Support Additional Terms]
Medical and Childcare Expenses
Unreimbursed medical, dental, vision, and childcare expenses for the minor child(ren) shall be shared as follows: [15. Medical and Childcare Terms]
Property and Debt Division
The parties have reached a full and complete agreement regarding the division of all marital property, assets, and debts. The terms of this division are as follows: [16. Property and Debt Division Terms]
Spousal Support
The parties have agreed that spousal support shall be as follows: [17. Spousal Support Terms]
Request for Relief
WHEREFORE, Plaintiff respectfully requests that this Court:
(a) enter a Decree of Divorce dissolving the marriage of the parties;
(b) approve the parties' parenting plan regarding custodial responsibility for the minor child(ren);
(c) order child support in accordance with the parties' agreement and the West Virginia Child Support Guidelines;
(d) approve the parties' property and debt division;
(e) restore Plaintiff's former name of [18. Former Name], if requested; and
(f) grant such other and further relief as the Court deems just and proper.
Dated: [19. Date of Signing]
Verification
I, [3. Plaintiff Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
Executed this [20. Execution Date] day of [21. Execution Month, Year], at [22. City and State of Execution].
Contested Divorce with Children SampleSee how custody and parenting terms appear in the full document.
Complaint for Divorce — Contested with Children
IN THE CIRCUIT COURT OF [1. County] COUNTY, WEST VIRGINIA
Civil Action No. [2. Case Number]
[3. Plaintiff Full Name], Plaintiff, vs. [4. Defendant Full Name], Defendant.
Comes now the Plaintiff, [3. Plaintiff Full Name], and files this Complaint for Divorce against the Defendant, [4. Defendant Full Name], and in support thereof respectfully states:
Jurisdiction and Residency
Plaintiff has been a resident of the State of West Virginia for at least one year immediately preceding the filing of this Complaint, in accordance with W. Va. Code § 48-5-105. This Court has jurisdiction over the parties and the subject matter of this action.
Marriage Information
The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. The parties have lived separate and apart for a continuous period of at least one year immediately preceding the filing of this Complaint.
There are [8. Number of Children] minor child(ren) born of or adopted during this marriage: [9. Children Names and Birthdates].
Grounds for Divorce
The parties have lived separate and apart, without interruption, for a period of more than one year, in accordance with W. Va. Code § 48-5-202. The marriage should be dissolved.
Custodial Responsibility and Parenting Plan
The parties are unable to agree on custodial responsibility for the minor child(ren). Plaintiff requests that the Court determine custodial responsibility and establish a parenting plan in accordance with the best interests of the child(ren) under W. Va. Code § 48-9-207. Relevant facts include: [10. Custody Dispute Facts]
Child Support
The parties are unable to agree on child support. Plaintiff requests that the Court order child support in accordance with the West Virginia Child Support Guidelines (W. Va. Code § 48-13-101). Relevant facts include: [11. Child Support Facts]
Medical, Dental, and Childcare Expenses
Unreimbursed medical, dental, vision, and childcare expenses for the minor child(ren) shall be allocated as follows, or as the Court determines equitable: [12. Medical and Childcare Terms]
Property and Debt Division
The parties are unable to agree on the division of their marital property, assets, and debts. Plaintiff requests that the Court divide the parties' marital property and debts in accordance with W. Va. Code § 48-7-101. The relevant marital assets and liabilities include: [13. Property and Debt Description]
Spousal Support
The parties are unable to agree on spousal support. Plaintiff requests that the Court award spousal support as the Court deems just and equitable under W. Va. Code § 48-6-301. Relevant facts include: [14. Spousal Support Facts]
Request for Relief
WHEREFORE, Plaintiff respectfully requests that this Court:
(a) enter a Decree of Divorce dissolving the marriage of the parties;
(b) determine custodial responsibility and establish a parenting plan in the best interests of the minor child(ren);
(c) order child support in accordance with the West Virginia Child Support Guidelines;
(d) divide the parties' marital property and debts;
(e) award spousal support as the Court deems just and equitable;
(f) restore Plaintiff's former name of [15. Former Name], if requested; and
(g) grant such other and further relief as the Court deems just and proper.
Dated: [16. Date of Signing]
Verification
I, [3. Plaintiff Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
Executed this [17. Execution Date] day of [18. Execution Month, Year], at [19. City and State of Execution].
Waiting periodNone (irreconcilable differences) / 1 year (separation)
Filing fee$135
Grounds acceptedIrreconcilable differences or 1-year separation (no-fault)
Official formsSCA-FC-100 (Petition for Divorce), SCA-FC-100 through SCA-FC-115 packet
Confirm with your county before filing — fees and rules can vary.
Overview
West Virginia divorce: the marriage-location rule
West Virginia ties its residency rule to where the wedding happened. If you married in the state, either spouse need only be a bona fide resident at filing — no minimum duration at all. If you married elsewhere, one spouse needs a year of continuous residency under W. Va. Code § 48-5-105. The same one-year rule applies for adultery grounds or when a nonresident respondent cannot be personally served, regardless of where the marriage occurred.
The no-fault ground is irreconcilable differences under § 48-5-201, which needs both spouses’ agreement and carries no waiting period — an agreed case can move quickly. The alternative, voluntary separation under § 48-5-202, requires a year of living separate and apart before filing. The Complaint for Divorce goes to the Circuit Court, and the self-help packet runs from Form SCA-FC-100, the petition, through SCA-FC-115, with the SCA-C&M201 financial affidavit used for fee waivers.
Property is divided equally by statute under § 48-7-101, with exceptions — one of the few states that starts from a 50/50 presumption. Spousal support follows § 48-6-301, and child support follows the West Virginia Child Support Guidelines. The filing fee is $135, plus about $25 per parent for the parenting education class when children are involved.