Hiring a Divorce or Family Lawyer in West Virginia
How divorce lawyers in West Virginia charge, the state's filing rules, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in West Virginia: fee rules
| Rules on contingency fees | Under West Virginia Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The West Virginia State Bar's Voluntary Fee Dispute Resolution Program helps clients and lawyers work out disagreements over fees or costs; either side can start it. An attorney member of the District Grievance Committee living in the claimant's county contacts both parties to try to resolve the dispute, ideally within 30 days. Send a description of the dispute and relevant documents to the State Bar's Executive Director at director@wvbar.org or 2000 Deitrick Blvd., Charleston, WV 25311. |
| If a lawyer takes your money | The West Virginia State Bar's Lawyers Fund for Client Protection reimburses losses caused by dishonest conduct (theft, embezzlement, wrongful conversion, refusing to refund unearned advance fees, or borrowing from a client without intent to repay) of West Virginia lawyers within a lawyer-client or fiduciary relationship. Losses of the lawyer's family, partners, associates or employees, losses covered by bonds or insurance, and government losses are excluded. Under the Fund's rules, awards are capped at $20,000 per claim and $40,000 per attorney per year (subject to change by the Board of Governors), excluding interest and incidental expenses. File within two years after you knew or should have known of the dishonest conduct and the loss, using the Fund's application form; questions 304-553-7220. Program page: https://wvbar.org/public-information/lawyers-fund-for-client-protection/ |
West Virginia rules to know first
| Residency requirement | If the marriage took place in West Virginia, a divorce can be filed if either spouse is a good-faith West Virginia resident when the case starts, with no minimum time. If the marriage took place elsewhere, one spouse must have been a resident when the grounds arose (or since then) and for the full year immediately before filing. Special rules apply to divorces based on adultery. The case may be filed in the county where the spouses last lived together or where the respondent lives (or where the petitioner lives if the respondent is not a resident). |
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| Filing fee | The fee to file a divorce petition is $135. Service by the sheriff costs $30, or service by certified mail costs $20. If you cannot afford the fees, ask a deputy circuit clerk for an affidavit to waive fees and court costs. Each parent of minor children also pays a $25 parent education fee unless fees are waived. |
| Uncontested divorce | West Virginia has no separate summary procedure, but a divorce for irreconcilable differences is granted when the petition claims them and the respondent's answer admits them; no corroborating proof is required, and the court may approve, modify or reject the parties' agreement. At least one party must attend the final hearing. If no issues are disputed, the first hearing may become the final hearing with both parties' agreement. If the spouses have a separation agreement, the court divides property under it unless it was obtained by fraud or duress, is unenforceable, or was inequitable when signed. |
Find and check a lawyer
| Lawyer referral service | The West Virginia State Bar Lawyer Referral Service is a public service that helps you find a qualified, local lawyer experienced with your type of legal issue. Contact the attorney and mention the referral service; the attorney may agree to an initial consultation for no more than $25 for the first 30 minutes, and you are under no obligation to hire the lawyer. Phone: (304) 553-7220. |
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| Check that the lawyer is licensed | The West Virginia State Bar publishes a Membership Directory Search and a PDF directory of its members on its Public Programs page. State Bar phone: 304-553-7220 (toll free 866-989-8227). Membership Directory Search: https://www.mywvbar.org/membership-search-members |
| Check discipline history or file a complaint | The Office of Lawyer Disciplinary Counsel (ODC) investigates and prosecutes violations of the West Virginia Rules of Professional Conduct. Download the Complaint Packet and Complaint Form from the ODC website and mail or deliver the complaint to the Office of Lawyer Disciplinary Counsel, West Virginia Judicial Tower, 4700 MacCorkle Avenue SE, Suite 1200, Charleston, WV 25304; phone (304) 558-7999, fax (304) 558-4015 (9 a.m.-5 p.m. weekdays). The ODC publishes disciplinary decisions on its website. Disciplinary decisions: https://wvodc.org/disciplinary-decisions-page |
Free legal help
| Free legal aid | Legal Aid of West Virginia provides free civil legal services (clients are not charged, though some court filing fees may apply). Apply online or by phone at 866-255-4370 (Monday, Wednesday, Thursday and Friday 8:30 am-3:30 pm; Tuesday 8:30 am-12:30 pm); interpreters are available. LSC lists Legal Aid of West Virginia as its West Virginia grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in West Virginia · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.