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.
What Are My Options for Filing for Divorce?
1. Online Divorce Service (Best Option – DivorceCanBeSimple.com)
The easiest and most affordable way is through an online service like DivorceCanBeSimple.com . You just answer a few simple questions, and the system fills out all the required divorce forms for you. Everything is done step by step, so you don’t have to worry about mistakes. Once you finish, you can download and file your papers with the court. This option works best for couples who agree on all terms and want to save time and money.
2. Divorce With a Lawyer
Hiring a lawyer usually costs much more than using an online service, but it can be worth it in certain cases. You should consider getting a lawyer if you and your spouse disagree about property, child custody, or support. A lawyer can explain your rights, handle complex paperwork, and represent you in court. To find one, try trusted websites like Avvo.com or FindLaw.com, where you can read reviews and compare local attorneys.
3. DIY Divorce (Do-It-Yourself)
You can also file for divorce on your own without outside help. This means finding the right court forms, filling them out carefully, and filing them yourself. It’s the lowest-cost option, but it requires time, patience, and attention to detail. Be sure to follow the instructions on your court’s website to make sure everything is correct before filing.
Divorce Court Locations on the Map
Self-Help Resources
The Divorce-Courts Team is a dedicated group of researchers providing up-to-date courthouse locations and step-by-step guides to help individuals navigate the divorce process with clarity and confidence. We transform intimidating legal procedures into accessible, actionable information for every county across the country.