Divorce Courts in Berkeley County, WV
| Court Name | Location | Phone | Hours | Judge(s) |
|---|---|---|---|---|
| Berkeley County Circuit Court | 380 West South Street, Martinsburg, WV 25401 | (304) 264-1918 | 9:00 am – 5:00 pm, Mon–Fri | Judge Laura Faircloth, Judge Michael Lorensen |
| Berkeley County Family Court | 400 West Stephen Street, Martinsburg, WV 25401 | (304) 264-1950 | 8:00 am – 4:00 pm, Mon–Fri | Judge Sally Gave |
Berkeley County Divorce Filing Fee
The average base filing fee in Berkeley County for a divorce is approximately $135. The service fee is typically $25 per defendant if using sheriff’s service. You can contact the Berkeley County Circuit Court Clerk’s office at (304) 264-1918 to get more accurate information.
Residency Requirements
To file for divorce in Berkeley County, West Virginia, at least one spouse must have lived in West Virginia for one year before filing. Both spouses do not need to reside in Berkeley County specifically, but residency in West Virginia is required. Proof of residency can include a driver’s license, utility bills, or a notarized affidavit.
How to File for Divorce in Berkeley,West Virginia
1. Prepare Your Divorce Forms
Gather all necessary paperwork including your marriage certificate, financial records, property deeds, and information about shared assets and debts. For couples with children, collect birth certificates and prepare details about custody preferences and support arrangements.
2. Complete Required Forms
Fill out the official divorce complaint forms, domestic relations information sheet, and summons. If children are involved, you’ll need additional forms including the child support information sheet. Forms must be complete and accurate to avoid rejection.
3. Submit Paperwork to the Court
Submit all completed and signed divorce documents to the Clerk of Court in your county. Once your forms are filed and the fee is paid (or waived), the court will assign a case number to your divorce. A judge will also be assigned to review your case and issue the final divorce judgment.
4. Serve Your Spouse With Papers
Legally notify your spouse about the divorce filing through sheriff’s service, certified mail, or a private process server. Your spouse has a limited period to respond to the complaint. This step is crucial as the divorce cannot proceed until proper service is documented with the court.