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.
Last updated: West Virginia filing fee checked ; other cost figures are our own estimates
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: July 2026. 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.
How we calculate this estimate
Filing fee figures come from our state data table, which records a range for each state along with the cost of service of process and any county clerk surcharge. Where county-level data exists, the county figure is shown instead of the state range. Fees that changed recently carry a dated note so you can tell our number apart from an older one still posted elsewhere.
What the estimate assumes for West Virginia
- The base fee is what the court charges to open a divorce case. Service of process, certified copies, and motions are billed on top of it.
- The filing fee has been checked against a fee schedule for some states and not others, and the freshness line under the heading on this page says which case your state is in. The service fee and the clerk surcharge beside it have not been checked for any state: both are our own estimates from the original build, and until recently the verification date on this page was described as covering all three.
- Counties inside one state can charge different amounts, so a state-level figure is shown as a range.
- Fee waiver eligibility is set by each court, usually tied to income or receipt of public benefits.
Where the estimate stops
Court fees change by statute and by local rule, sometimes in the middle of a year. Confirm the current amount with the clerk of court in the county where you will file, and ask a licensed family law attorney what the rest of the filing is likely to cost.
Read the full methodology for how every calculator on the site is built.
Sources
West Virginia courts and statutes
- courtswv.gov
- W. Va. Code § 48-13-202
- W. Va. Code § 48-13-301
- W. Va. Code § 48-13-303
- W. Va. Code § 48-13-404
- W. Va. Code § 48-13-501
- bcse.wv.gov
- bcse.wv.gov
- bcse.wv.gov
- bcse.wv.gov
Where to read more
Background reading, not where the figures above came from. No number on this page is taken from any of these.
About this page
Written by Barron Hansen
I am an app developer who is dedicated to building the highest-value, most accurate web apps possible, that people want to use every day.