West Virginia Divorce Filing Fee (2026)

Filing for divorce in West Virginia costs $135 for the base court filing fee. Add $40 for sheriff service of process, bringing the estimated court total to $175. This is the court cost only — attorney fees are additional and vary widely.

The West Virginia divorce filing fee is $135. This is a one-time fee paid to the court clerk when the petitioner files the initial divorce petition. The fee must be paid before the court will process your case.

To get the divorce filing fee waived in West Virginia, file an In Forma Pauperis (IFP) application with the court at the same time as your divorce petition. You must demonstrate that your household income falls below 125–200% of the federal poverty level. If you receive public benefits like Medicaid, SNAP, or SSI, you likely qualify automatically. A judge — not the clerk — must approve the waiver.

No — West Virginia does not require a mandatory parenting class for all divorcing parties, though individual counties or judges may recommend one when minor children are involved.

An uncontested divorce in West Virginia where both spouses agree on all terms can be finalized in as little as 1–3 months, depending on the court's schedule and any mandatory waiting periods. A contested divorce — involving disputes over property, custody, or support — typically takes 6–18 months or longer. After filing, most states require a mandatory waiting period before a judge can sign the final decree.

Many West Virginia courts allow you to download and print divorce forms from their websites, but in-person filing at the courthouse is still required. For uncontested divorces, online services can prepare all the paperwork you then file locally.