West Virginia Divorce Forms

File Your Own Divorce in West Virginia: Free Downloadable Divorce Forms

Sadly, over 50% of marriages fail. To add insult to injury, divorce proceedings can take years and cost thousands of dollars in legal fees. However, it is possible to file your own divorce in West Virginia for no more than the state divorce form filing fees. This page provides all of the forms you need to initiate your do-it-yourself divorce in West Virginia.

How to file for Divorce in West Virginia:

Go to http://www.courtswv.gov/lower-courts/divorce-forms/FC100.pdf to check to make sure you have the correct papers and http://www.courtswv.gov/lower-courts/divorce-forms/FC100A.pdf for your spouse. These two pages have a lot of useful information and you SHOULD look over them before applying for Divorce. Note: you can only file for Divorce in West Virginia if you or your spouse have lived in West Virginia for at least one (1) year before you filed for Divorce or if you currently live in West Virginia and you and your spouse were married in West Virginia. The forms needed for ALL DIVORCE FILINGS are: Petition for Divorce, Petitioner's Civil Case Information Statement – Domestic Relations Cases, Financial Statement, and the Vital Statistics Form and are to be filed by the spouse filing for Divorce. The forms that are required in Divorces involving children under 18 years of age are Application for Child Support and Income Withholding Services from the Bureau for Child Support Enforcement, Proposed Parenting Plan, and Parent Education Notice. The Application for Child Support and Income Withholding Services from the Bureau for Child Support Enforcement is also used in cases involving spousal support (alimony).

Other forms that you may need are the Acceptance of Service, Affidavit of Non-Residency or Unknown Residency, Servicemembers Civil Relief Act Waiver, and Divorce Answer Packet. The Acceptance of Service form is used if your spouse voluntarily accepts the divorce papers or picks them up at the Circuit Clerk's Office. The Affidavit of Non-Residency or Unknown Residency form is used if your spouse cannot be served because their address is unknown or if they live out of state. In addition, this form must be signed in front of a Notary Public or Deputy Circuit Clerk. The Servicemembers Civil Relief Act Waiver is used if you or your spouse is in the armed forces and doesn't want to use their right to delay court cases under the Servicemembers Civil Relief Act. The Divorce Answer Packet may be needed if your spouse needs to hand the Divorce without the help of an attorney.

For all divorces your spouse has to complete and file the Answer to Divorce Petition, Respondent's Civil Case Information Statement – Domestic Relations cases, and Financial Statement forms. The forms that are required in Divorces involving children under 18 years of age that your spouse has to fill out are Application for Child Support and Income Withholding Services from the Bureau for Child Support Enforcement, Proposed Parenting Plan, and Parent Education Notice. The Application for Child Support and Income Withholding Services from the Bureau for Child Support Enforcement is also used in cases involving spousal support (alimony). The Servicemembers Civil Relief Act Waiver may also be filled out by your spouse under the correct circumstances.