There are several forms you need to fill out. You can get the forms in any circuit clerk’s office. The circuit clerk office is in the county courthouse. You may have to pay a small fee at the circuit clerk’s office if you pick the papers up there. If you cannot afford the fee, you can call Legal Aid and we will mail them to you for free.

You can also print the forms from the Internet, for free, from the website of the Supreme Court of Appeals of West Virginia.

There are other websites that may offer family law forms. Some of them will charge you money. You should use the official free forms from the Supreme Court website.

When you have completed the forms, take them to the circuit clerk’s office. Some of the forms must be signed and notarized. The number of forms depends on whether you have children.

Normally, you will have to at least pay: 

• A filing fee to the circuit clerk to file for divorce, and
• A fee to have the papers served on your spouse.

There may be other fees, depending on your case.

If you cannot afford to pay these fees, you can fill out a Fee Waiver Form. On this form you will have to disclose all of the income and property held by each person in the home. To learn more, read Can’t Afford to Pay Court Filing Fees? Ask for a Fee Waiver.

The clerk will then review the waiver form. If you qualify for a fee waiver, you will not have to pay the filing fee or other court fees. If you do not qualify, because your household income is too high or your assets are too high, then you will have to pay the filing fee to start the divorce.

Some Family Court Judges want you to use their own forms instead of the WV Supreme Court website forms. Even in those counties, you can file for divorce with the W.Va. Supreme Court’s forms. But you may not be using your judge’s favorite forms. You may want to ask the clerk’s office whether the Family Court Judge in that county uses the Supreme Court forms or something different.

Divorce without children. If you and your husband or wife do not have children you will need to fill out the following forms:

1. Divorce petition,
2. Civil case information statement for a Family Court case,
3. Vital statistics form,
4. Financial statement,
5. BCSE form if you want to ask for alimony or spousal support.
6.  Fee waiver form (if your income is too low to pay the divorce filing fee and court costs.)

Divorce with Children. You will need to fill out the following forms if you have children with the spouse you are divorcing:

1. Divorce petition,
2. Civil case information statement for a family court case,
3. Vital statistics form,
4. Financial statement,
5. Child support income withholding form,
6. parent education registration form, and
7. Proposed parenting plan, if you and the other parent are able to agree on a parenting plan,
8. Worksheet for individual proposed parenting plan if you and the other parent cannot agree on a parenting plan, and
9. Motion to adopt individual proposed parenting plan if you and the other parent cannot agree on a parenting plan.
10.  Fee waiver form (if your income is too low to pay the divorce filing fee and court costs.)

All of these forms are available on the website for the West Virginia Supreme Court of Appeals. There are instructions for the divorce petition that you may want to read before filing the forms out. Legal Aid’s Divorce Information Videos also walk you through all the steps to fill out these forms.

(1) The divorce petition. The divorce petition is the “master sheet” of the divorce. It gives the family court judge information about your marriage. It tells about your children. It tells exactly what you want from the divorce. It tells why you want the divorce. It tells what day you separated from your husband or wife. You must sign this form in front of a notary public.

(2) Civil case information statement. This form is two pages. It tells the circuit clerk’s office that you are filing for divorce. It tells the clerk whether you have children. It tells how your spouse needs to be served with the divorce petition. You need to write down: where your husband or wife can be found or his or her physical address. If you write down a post office number, that person will have to be served by certified mail.

(3) Vital statistics form. This form is one page and is very short. It is for state records. The clerk’s office will send it to Charleston at the end of your divorce case. It will go to the Office of Vital Statistics. This office also holds all West Virginia birth and death certificates.

(4) Financial statement. This is a long form that describes your income, money, house, debts, and other property. These are things that need to be divided through the divorce. You must sign this form in front of a notary public. You need to list on the financial statement things like:

• Your income,
• Where you work,
• Your furniture,
• Your tools or jewelry,
• Valuable things that you own,
• Your checking accounts,
• Your loans,
• Your bills,
• Your life insurance,
• Your credit card balances,
• Your children,
• Your children’s health insurance,
• Information related to asking for alimony from your spouse, if you are asking for alimony.

(5) Fee waiver form. This form is three pages. You have to ask for this form. You only fill out this form if you cannot afford to pay for the divorce fees and court fees. You have to list your income and expenses. You must sign this form in front of a notary public. You turn in this form at the time you file for divorce. If you are eligible and the clerk approves the waiver:

• You won’t have to pay to file for divorce.
• You won’t have to pay to have the sheriff’s office serve your husband or wife with the divorce papers.
• You won’t have to pay to take parent education class.
• You won’t have to pay for most or all of the court costs.

For more information, read Can’t Afford to Pay Court Filing Fees? Ask for a Fee Waiver.

(6) Child support income withholding form. This form is for the Bureau for Child Support Enforcement. It gives them information about you, your spouse, and your children.  The Bureau for Child Support Enforcement keeps track of child support owed. They also help collect child support.

(7) Parent education registration form. This is required in the divorce for people who have children. This form is to schedule your parent education class. You have to go to one parent education class. The class is required before your first hearing in the divorce case. The parent education class teaches parents how to best help their children deal with the divorce. It also teaches parents how the divorce can affect the children. A judge might not let you have time with your children if you don’t go to your class.

(8) Parenting plan. This form details your plan for your children. It says when and where your children will spend their time after the divorce. The parenting plan explains:

1. How your children’s lives will be handled,
2. Who will be the children’s primary care giver, and
3. How you will make decisions about the children’s lives.

You and your spouse can actually submit one parenting plan together, if you agree. If you don’t agree, you can each submit one plan. The proposed parenting plan is what you believe is in your children’s best interests. The court will make an order based on the proposed parenting plans among other factors.

For more information on Parenting Plans, read Parenting Plan for Child Custody Cases in West Virginia.

• Divorce petition: Submit one original petition and one copy, to be served upon your husband or wife.
• Civil Case Information Statement: Submit one original and two copies.
• Vital Statistics Form: Submit one.
• Fee Waiver Affidavit: Submit one.
• Financial Statement: Submit one original, plus one copy, to be served upon your husband or wife.
• Child Support Income Withholding Form: Submit one.
• Parent Education Registration Form: Submit one.
• Proposed parenting plan: Submit one original, plus one copy to be served upon your spouse.

You will need to make one copy for yourself of everything you file.

View the Divorce Toolkit for more information on divorce.