Is There a Way to Get a Free Divorce in West Virginia?

By Wayne Thomas

Utilizing the services of the West Virginia courts can cost money. Even if you choose to represent yourself in a divorce proceeding, the court imposes filing fees and other charges as your case progresses. However, the state also recognizes the harm that would result if access to the court was limited to only those who could afford to get divorced. For that reason, low-income spouses may apply to have some or all of their court costs waived in a West Virginia divorce.

Fee Waiver

To request a waiver of court fees in West Virginia, you must fill out and file an Affidavit of Indigency and Application. This form may be obtained from the court clerk and requires you to include information about your assets and income. You must also tell the court what consequences would result if you were denied a waiver. The affidavit is a sworn statement, and you may be held in contempt for providing any false information. Once filed, the court determines whether you are eligible for a waiver, and will either grant or deny your request. If you are denied, you must pay the appropriate fees before your divorce case can proceed.

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