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West Virginia divorce form
Download the West Virginia no-fault petition for divorce (sca-fc-101) packet for an uncontested divorce without minor children. Instant secure access with the packet documents listed below.
Use this only for an agreed no-fault divorce with no minor child. The cover walks residency, grounds, service, and the final hearing. It does not fill the forms out for you.
A filing packet built around the Petition for Divorce (SCA-FC-101) used to open an uncontested no-fault case in West Virginia.
Everything needed to open an uncontested no-fault divorce in West Virginia: the petition for divorce (sca-fc-101) plus the supporting filing documents listed below.
Download the files and complete them on your own device. Your personal details are never entered into an online form builder.
The included checklist walks through residency, filing, service or waiver, and finalizing your decree.
Use this only for an agreed no-fault divorce with no minor child. The cover walks residency, grounds, service, and the final hearing. It does not fill the forms out for you.
This packet includes 1 document in print-ready PDF format. Use the PDF files for print-ready review and signature preparation.
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About this form
This packet opens an uncontested no-fault divorce in West Virginia, where both spouses agree on the terms.
West Virginia is a no-fault state with two paths: irreconcilable differences (§ 48-5-201) or one year of separation (§ 48-5-202), with a one-year residency rule unless the marriage was entered into in West Virginia (§ 48-5-105). The kit is the official West Virginia Judiciary family-court set: the Petition (SCA-FC-101), Verification, Acceptance of Service, Financial Statement, Vital Statistics, service companions, and the FDVCSAP information sheet. The settlement product is a PublicLegal-authored marital settlement agreement - West Virginia publishes no statewide settlement form. IMPORTANT: Family Court Rule 22(b) directs the COURT to prepare the Final Order when both parties are self-represented, so there is no party-prepared decree product in this state. Those blank official forms are free at courtswv.gov - you are paying for current-edition packaging and ILRG product support. The FAQ below covers the details.
See page 1 of the actual blank form and review a plain-language outline. The complete formatted documents are delivered after checkout.
PETITION FOR DIVORCE (official Form SCA-FC-101). The official West Virginia Judiciary family-court petition that opens a no-fault divorce. One of the current SCA-FC series forms, free blank at courtswv.gov.
Grounds and residency: irreconcilable differences (W. Va. Code § 48-5-201) or one year of separation (§ 48-5-202); one-year residency unless the marriage was entered into in West Virginia (§ 48-5-105).
The full packet also includes the Verification (SCA-FC-103), Acceptance of Service (SCA-FC-106), Financial Statement (SCA-FC-105), Vital Statistics (SCA-FC-140), the fee-waiver companions (SCA-FC-100A), the FDVCSAP information sheet, and the PublicLegal-authored settlement agreement.
No party-prepared decree exists: Family Court Rule 22(b) directs the court to prepare the Final Order when both parties are self-represented.
ILRG is committed to top quality legal forms that are valid in all states. If you are not 100 percent satisfied after purchase, contact us for a full refund.
The 1 packet documents listed on this page are included, delivered in PDF format. The packet centers on the Petition for Divorce (SCA-FC-101) that opens an uncontested no-fault case, plus the supporting filing documents and reference materials shown above.
Either spouse may file if one of you is a West Virginia resident, and if the marriage was entered into in West Virginia, either spouse may file regardless of how long you have lived here; otherwise at least one spouse must have been an actual bona fide resident for at least one year before filing (W. Va. Code § 48-5-105). File in the Family Court of the county where the respondent lives, where you last lived together as husband and wife, or - if the respondent lives out of state - where you live (§ 48-5-106). Confirm local filing practice with the family-court clerk.
West Virginia offers two no-fault grounds: irreconcilable differences have arisen between you (§ 48-5-201) - which requires the respondent not to deny them - or the spouses have lived separate and apart, without cohabitation and without interruption, for one year (§ 48-5-202). This packet is the agreed path. If your spouse will contest, this is not your packet.
West Virginia sets no waiting period between filing and the final hearing. The respondent has 30 days after service to answer (W. Va. Family Court Rule 12(a) - an outdated 20-day reference still printed in some SCA-FC-100 instructions is superseded). IMPORTANT: Family Court Rule 22(b) directs the COURT to prepare the final order when both parties are self-represented, and SCA-FC-100 confirms the judge signs the Final Order - West Virginia publishes no party-prepared proposed decree form, so this line sells no decree packet. After a default or an agreement resolving every issue, the court holds the final hearing and enters the Final Order. You are not divorced until the judge signs it. Court schedules vary by county.
No. This packet is the agreed path for spouses who settle every issue. If your spouse will contest, consult a West Virginia attorney about the contested process.
No. ILRG provides self-help legal forms and information, not legal advice. Consult a West Virginia attorney if you have significant property, retirement accounts, business interests, safety concerns, or any disagreement about terms.