How to File for Divorce in West Virginia Without a Lawyer (2026 Guide)

Overview: Filing for Divorce in West Virginia Without a Lawyer

West Virginia requires 1 year residency with a 20-day waiting period. The state uses equitable distribution and recognizes no-fault grounds. DIY divorce is manageable for uncontested cases.

Can You File Without a Lawyer in West Virginia?

✓ Good Candidates for DIY Divorce:

Both agree on divorce and all terms
No minor children or agreement on custody/support
Agreement on property and debt division
No spousal support disputes
Both willing to cooperate

⚠ Consider Hiring a Lawyer If:

Child custody or support disputes
Complex property division
Significant assets
Retirement account division
Contested grounds

Find West Virginia Divorce Lawyers →

Step-by-Step: How to File for Divorce in West Virginia

Step 1

Verify 1-Year Residency

You or your spouse must have lived in West Virginia for 1 year.

⏱ Estimated Time: N/A

💡 Tips:

WV driver's license
Lease or property deed
Voter registration

Step 2

Complete Complaint for Divorce

File Complaint for Divorce with family court.

⏱ Estimated Time: 2-3 hours

💡 Tips:

Filing fee: $135-175
Use WV court forms
State grounds

Step 3

Serve Your Spouse

Serve spouse by process server or sheriff.

⏱ Estimated Time: 1-2 weeks

💡 Tips:

Cannot serve yourself
Spouse can waive service

Step 4

File Answer (if uncontested)

Spouse files answer agreeing to divorce.

⏱ Estimated Time: 1 week

💡 Tips:

Required for uncontested

Step 5

Wait 20 Days

West Virginia requires 20-day waiting period from service.

⏱ Estimated Time: 20 days

💡 Tips:

Very short waiting period

Step 6

Exchange Financial Disclosures

Both complete and exchange financial information.

⏱ Estimated Time: 2-4 hours

💡 Tips:

Required disclosure
List all assets and debts

Step 7

Prepare Marital Settlement Agreement

Create settlement addressing all issues.

⏱ Estimated Time: 4-6 hours

💡 Tips:

Address property division
Include parenting plan if children

Step 8

File Final Documents

Submit settlement and final documents.

⏱ Estimated Time: 2-4 hours

💡 Tips:

Both signatures required

Step 9

Receive Final Judgment

Court issues final judgment of divorce.

⏱ Estimated Time: 1-3 weeks

💡 Tips:

Request certified copies
Effective immediately

Required Forms for West Virginia Divorce

Complaint for Divorce (Varies)

Required

📄 Download Form

Marital Settlement Agreement (Custom)

Required

Final Judgment (Varies)

Required

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for West Virginia DIY Divorce

💰 DIY Divorce

$185-275

Filing fee: $135-175
Service fee: $50-100
Misc costs: $25-$100

👔 With Attorney

$2,000-10,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

For detailed cost breakdown including attorney fees and scenarios: View West Virginia Divorce Costs →

Common Pitfalls to Avoid

Not meeting 1-year residency requirement

Incomplete financial disclosures

Filing before 20-day waiting period

Missing settlement agreement details

Improper service on spouse

Frequently Asked Questions About West Virginia DIY Divorce

Does West Virginia require separation before divorce?

West Virginia allows both fault and no-fault divorce (irreconcilable differences) without requiring prior separation.

What is the waiting period in West Virginia?

West Virginia requires a 20-day waiting period from service before divorce can be finalized.

Can I file for divorce without a lawyer in West Virginia?

Yes, West Virginia allows self-representation for uncontested divorces.

Need Professional Help?

While DIY divorce can save money in West Virginia, consulting with an attorney can help you understand your rights and avoid costly mistakes.

Find West Virginia Divorce Lawyers Questions to Ask a Lawyer