Reviewed August 2026
Cost and Filing Fees in West Virginia
It costs $135 to file for divorce, separate maintenance, or annulment in West Virginia, under West Virginia Code § 59-1-11(a)(3). That fee has applied statewide since July 1, 1999. Divorce cases are filed in circuit court and heard by a family court judge. Because the $135 fee comes from state statute, it stays the same in every county. Anyone who cannot afford the filing fee can ask the court to waive it based on their financial circumstances. Beyond that fee, the total cost of a West Virginia divorce depends on serving the other spouse, whether the case involves minor children and a required parenting class, and how contested the case becomes.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how cost and filing fees works under West Virginia law for people researching before they file. It is not legal advice, and Virdix does not prepare or file West Virginia paperwork. See how Virdix works for California divorces.
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Circuit court filing fee
West Virginia Code § 59-1-11(a)(3) sets the fee 'for instituting an action for divorce, separate maintenance, or annulment' at $135. That rate has applied statewide since July 1, 1999. It's a single statutory fee, collected by the circuit clerk when the case is filed, so the amount stays the same whether you file in Kanawha County, Berkeley County, or any other West Virginia county. Family court judges hear West Virginia divorce cases, but the circuit clerk's office files the case and collects the fee.
Fee waiver for those who cannot pay
Anyone who cannot afford the $135 filing fee can ask the court to waive it based on their financial situation. The circuit clerk's office where the case is filed can provide the forms used to request a waiver of prepayment of costs. Ask the circuit clerk directly what financial documentation the request needs when you file your divorce petition.
Serving the other spouse
After filing, West Virginia requires the divorce petition to be served on the other spouse. This is typically done through the sheriff or a private process server, and both charge a fee separate from the $135 filing fee. If the other spouse voluntarily accepts service or signs an acceptance of service, you can skip that separate charge. When a spouse's whereabouts are unknown, service by publication is available, but it requires a court order and newspaper publication costs.
Cases with minor children
The West Virginia Judiciary publishes separate petitioner and respondent form packets for divorce cases. Cases involving minor children carry additional requirements, such as a parenting plan. Any required parenting class and its cost are generally set at the county's family court level, not through one statewide program. Check with the family court in the county where the case is filed for current parenting class requirements and pricing.
What makes a West Virginia divorce cost more
The $135 filing fee and a basic service fee cover an uncontested case where both spouses agree on the terms. A contested case costs more, since it can require additional motions, discovery such as requests for financial records or depositions, mediation, appraisals of real property or a business, and multiple hearings before a family court judge. Disputes over equitable distribution of property, spousal support, or parenting arrangements are the most common reasons a West Virginia divorce ends up costing more than the base filing and service fees.
Sources: West Virginia Code § 59-1-11, Circuit clerk's fees generally, West Virginia Judiciary: Divorce Forms
Not independently confirmed
- Sheriff/process server service fee amounts by county
- Exact fee waiver form name/number
- County-level parenting class requirement and cost
Cost and Filing Fees in West Virginia: frequently asked questions
How much does it cost to file for divorce in West Virginia?+
West Virginia Code § 59-1-11(a)(3) sets the fee for instituting an action for divorce, separate maintenance, or annulment at $135. It's a single statewide statutory fee that has applied since July 1, 1999, so it stays the same in every county's circuit court.
What if I can't afford the West Virginia filing fee?+
You can ask the court to waive the $135 filing fee based on your financial circumstances. Contact the circuit clerk's office where you're filing to find out what forms and financial documentation the waiver request needs.
Does West Virginia charge extra to serve my spouse with divorce papers?+
Yes. Serving the divorce petition through the sheriff or a private process server carries a fee separate from the $135 filing fee, and the amount depends on the method and county. If your spouse accepts service voluntarily, you avoid that cost. If their whereabouts are unknown, service by publication requires a court order and separate newspaper costs.
Is a parenting class required in a West Virginia divorce with children?+
Cases involving minor children carry additional requirements like a parenting plan, and many family courts require a parenting class. The specific requirement and its cost are generally set at the county level, so check with the family court where you're filing for current requirements.
Who hears a West Virginia divorce case?+
Divorce cases in West Virginia are filed in circuit court, where the circuit clerk collects the $135 filing fee, but a family court judge hears the case itself. This split between filing and hearing the case reflects how West Virginia's court system is structured for family law matters.
What makes a West Virginia divorce cost more than the filing fee?+
Contested cases cost more. Disputes over equitable distribution of property, spousal support, or parenting arrangements can require additional motions, discovery, mediation, appraisals of real estate or business interests, and multiple hearings before a family court judge. An uncontested case, where both spouses agree on the terms, generally stays close to the base filing and service fees.
This page is general information about cost and filing fees in West Virginia, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with West Virginia's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in West Virginia. Virdix does not prepare or file West Virginia divorce paperwork. It is not a substitute for an attorney licensed in West Virginia.
More West Virginia divorce guides
Virdix currently serves California and Florida
In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in West Virginia, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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