West Virginia · Serving papers · Updated Oct 2026

Serving divorce papers in West Virginia

Service of divorce papers in West Virginia, from official sources: who can deliver the papers, how your spouse can accept or waive service, the deadline to respond, what happens without a response and the law.

Quick answer

Service by the sheriff ($30), by certified mail with restricted delivery through the Circuit Clerk ($20), or your spouse signs an Acceptance of Service in front of a notary. Your spouse then has this long to respond: 20 days after service (30 days after first publication)

Accept or waive service
Yes
Law
WV Petitioner's Divorce Packet Instructions (SCA-FC-100, 2026)

How papers are served in West Virginia

  • Service by the sheriff ($30), by certified mail with restricted delivery through the Circuit Clerk ($20), or your spouse signs an Acceptance of Service in front of a notary.
  • If you can't find them, an Order of Publication.

Law: WV Petitioner's Divorce Packet Instructions (SCA-FC-100, 2026)

Deadline to respond and default

20 days after service (30 days after first publication)

If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Serving your spouse in West Virginia, step by step

  1. File your papers first

    File with the Family Court (file with the Circuit Clerk in your county). Service comes after filing.

  2. Serve the papers

    If you can't find them, an Order of Publication.

  3. Or have your spouse sign

    Service by the sheriff ($30), by certified mail with restricted delivery through the Circuit Clerk ($20), or your spouse signs an Acceptance of Service in front of a notary.

  4. File proof of service

    File the proof of service with the court.

  5. Watch the deadline

    20 days after service (30 days after first publication)

  6. If there is no response

    If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Questions about serving divorce papers in West Virginia

How do you serve divorce papers in West Virginia?

Service by the sheriff ($30), by certified mail with restricted delivery through the Circuit Clerk ($20), or your spouse signs an Acceptance of Service in front of a notary. If you can't find them, an Order of Publication.

Can my spouse accept or waive service in West Virginia?

Service by the sheriff ($30), by certified mail with restricted delivery through the Circuit Clerk ($20), or your spouse signs an Acceptance of Service in front of a notary.

How long does my spouse have to respond in West Virginia?

20 days after service (30 days after first publication)

More about divorce in West Virginia

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Sources

Last checked: Oct 24, 2026.