West Virginia Divorce Filing Fee
Court costs to file for divorce in West Virginia: base filing fee, service of process, and any county clerk surcharge.
West Virginia divorces typically cost 55% less than the national average of $12,900.
West Virginia fee schedule
| Base filing fee range | $135 - $165 |
| Service of process fee | $50 |
| County clerk surcharge | $10 |
| Total minimum | $195 |
| Total maximum | $225 |
Last verified: January 2025. For self-help and exact local fees, see the West Virginia court self-help center.
Filing fee details
Locked to West Virginia on this page.
Pick your county for an exact filing fee, or leave blank to see the state-wide range.
This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.
West Virginia county filing fees
Filing fees for the largest counties in West Virginia. Confirm with the local clerk before filing, as fees can change.
| County | Filing Fee | Surcharge | Total | Notes |
|---|---|---|---|---|
| Berkeley | $135 | - | $135 | Martinsburg area. |
| Cabell | $135 | - | $135 | Huntington area. |
| Kanawha | $135 | - | $135 | Charleston area. Uniform statewide. |
| Monongalia | $135 | - | $135 | Morgantown area. |
| Wood | $135 | - | $135 | Parkersburg area. |
Filing fee is the base petition cost. Surcharge covers any county-level add-on (CCRC, court technology, domestic relations surcharge, etc.). Total is what you pay the clerk before service of process.
Filing Fees in West Virginia - Frequently Asked Questions
How much does it cost to file for divorce in West Virginia?
Filing for divorce in West Virginia typically costs $195 to $225 in court fees. This includes the base filing fee ($135 to $165), service of process ($50), and any county clerk surcharge (about $10).
Are there fee waivers for divorce filings in West Virginia?
Yes. West Virginia courts allow filers who cannot afford the fees to apply for a waiver, sometimes called an in forma pauperis (IFP) or fee waiver application. Approval is typically based on receipt of public assistance, income below a court-set threshold, or documented hardship. Applications are submitted to the court clerk along with the divorce petition.
Does it cost more to file a contested divorce in West Virginia?
The initial filing fee in West Virginia is the same regardless of whether the case is uncontested or contested. The difference shows up in motion fees, hearing fees, and attorney costs as the case progresses. Each contested motion typically adds $30 to $100 in court fees, plus the attorney time to draft and argue it.
Are filing fees the same in every county in West Virginia?
Filing fees in West Virginia are set by state statute, but counties can add their own surcharges and processing fees. The fees shown here use West Virginia's statewide range. Confirm the exact fee with your county clerk before filing, particularly in larger metropolitan counties.
When are divorce filing fees due in West Virginia?
Divorce filing fees in West Virginia are due at the time you submit your petition. Most courts accept cash, check, money order, and credit cards (with a small processing fee). If you are pursuing a fee waiver, submit the waiver application together with the petition. The clerk will not accept the filing without payment or an approved waiver.
This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.