West Virginia
Divorce, lawyers, and free legal help in West Virginia — verified against official sources.
How divorce filing works in West Virginia
The West Virginia Judiciary publishes a step-by-step Petitioner's Divorce Packet with instructions, forms, and deadlines for people filing on their own. Start there before anything else.
West Virginia Judiciary — Petitioner's Divorce Packet
Official step-by-step pro se instructions with forms and deadlines, plus the Judiciary's divorce forms library.
courtswv.gov — divorce packet →Find a divorce lawyer
West Virginia State Bar — Lawyer Referral Service
30-minute consultation for $25 or less; volunteer lawyer line (800) 642-3617 (Tue 6–8 p.m.).
wvlawyerreferral.org →New to hiring a lawyer? Read Start Here first — it covers what to ask and what to bring.
Free or low-cost legal help
Report Child Abuse or Neglect
Call 1-800-352-6513 — West Virginia Centralized Intake Child Abuse & Neglect Hotline, 24/7/365 (confirmed in official DHHR documents).
WVHDF Mortgage Assistance
For WVHDF loan borrowers only: WVHDF's mortgage assistance for borrowers with payment challenges — 1-800-933-1272. (WV's Homeowners Rescue Program is closed to new applications.)
wvhdf.com — mortgage assistance →Call 211
Free, confidential referrals to local help. Dial 211 from any phone.
211.org →West Virginia Coalition Against Domestic Violence
304-965-3552; directs survivors to local programs by county and links the National Hotline at 1-800-799-7233.
wvcadv.org →Unpaid wages in West Virginia
Your boss owes you pay and won't hand it over? Here's where to file and how long you have in West Virginia.
Where to go
West Virginia Division of Labor (file a Request for Assistance)
Time limit to file
2 years
What the floor is
$8.75
Changing your name in West Virginia
Whether it's marriage, divorce, or just time for a fresh start — here's the process in West Virginia.
How it works
petition the circuit court in your county
Typical court fee
~$200 (varies by county)
Newspaper notice required?
yes — once, at least 10 days before the hearing
Small claims court in West Virginia
Suing someone without a lawyer, for smaller amounts, in a simpler court. Here's how it works in West Virginia.
Maximum claim
$20,000
Filing fee
typically $30–$75 depending on claim amount
Can you bring one?
yes, allowed
Clearing your criminal record in West Virginia
Expungement or sealing can hide eligible arrests and convictions from background checks. Here's where West Virginia stands.
Can records be cleared?
yes — expungement of misdemeanors and nonviolent felonies
What qualifies
misdemeanors and nonviolent felonies from the same transaction; excludes violent, sexual, DUI, and domestic-violence offenses
Waiting period
1 year (single misdemeanor), 2 years (multiple misdemeanors), 5 years (nonviolent felony) after sentence/supervision ends
Learn more about clearing your criminal record in West Virginia →
Child support in West Virginia
How child support gets calculated — and when it ends — in West Virginia.
How it's figured
income shares statutory calculation worksheets in W.Va. Code Ch. 48, Art. 13 (e.g. §48-13-502 worksheet B)
When it ends
age 18 or high school graduation, whichever is later
Lemon law in West Virginia
Bought a new car that's constantly in the shop? West Virginia's lemon law may get you a refund or a replacement.
Which vehicles qualify
new motor vehicles purchased or registered in West Virginia (passenger autos, pickups, vans, motor home chassis)
When it's legally a lemon
3+ repair attempts for the same nonconformity (1 for a defect likely to cause death or serious injury) or 30+ calendar days out of service within the warranty term or 1 year of delivery
What you get
revocation of acceptance with refund of purchase price (plus tax/fees) or replacement vehicle
Tenant rights in West Virginia
Renting comes with rights most people never hear about until something goes wrong. Here are the key ones in West Virginia.
Notice before eviction
No statutory notice period for eviction; notice governed by lease terms (month-to-month termination requires 1 full rental period's notice)
Deposit limits & return
No statutory cap; return within 60 days (or 45 days after a new tenant occupies); itemized written statement required
When the landlord won't fix things
No repair-and-deduct statute; courts recognize rent withholding until landlord makes habitability repairs
DUI / DWI in West Virginia
Driving under the influence carries some of the stiffest penalties in everyday law. Here's how West Virginia handles it.
Blood alcohol (BAC) limit
0.08; enhanced penalties at 0.15
Typical penalties
Up to 6 months in jail (24 hours mandatory), $100 to $500 fine, 15-day license suspension plus 6 months ignition interlock
How far back DUIs count
10 years
Gun laws in West Virginia
Gun laws vary a lot from state to state — what's perfectly legal in one state can be a crime in another. Here's the big picture for this state. Laws change often, so double-check anything before you act.
Carrying a concealed handgun
Permitless carry at 21+ (provisional permit available at 18); shall-issue permits still offered
Carrying openly
Generally allowed without a permit (18+)
Background checks & waiting periods
Private sales: Not required on private sales No waiting period.
Extreme risk protection
No red flag law on the books here.
Reciprocity
No permit needed to carry in West Virginia; WV-issued permits are recognized by many other states
Filming the police: your rights in West Virginia
Federal appeals courts across the country have recognized a First Amendment right to photograph and record police officers performing their official duties in public. The U.S. Supreme Court has not ruled on it directly. The right does not protect interfering with officers, trespassing, or breaking other laws while you record.
One-party consent
If you are part of a conversation, you may record it — including with police. (W. Va. Code § 62-1D-3)
Buffer-zone law — in effect
30-foot law (W. Va. Code § 61-5-30, Enr. Comm. Sub. for SB 4) — in effect since June 12, 2026; no court ruling on it yet found
After a verbal warning, knowingly and willfully approaching or staying within 30 feet of a first responder while acting to impede/interfere or threaten/menace is a misdemeanor ($50-$500 fine and/or up to 1 year in jail). Sharpe v. Winterville Police Dept. (4th Cir. 2023), which covers West Virginia, held livestreaming a police traffic stop is protected speech.
Drug & alcohol addiction help in West Virginia
Addiction is a health issue, and help is out there — including court programs that can send people to treatment instead of jail. No insurance needed to call.
SAMHSA National Helpline
Free, confidential referrals to treatment — call 1-800-662-4357 (English & Spanish).
Human trafficking victims in West Virginia
If you or someone you know is being forced to work or forced into sex against their will, you are a victim of a crime and help is available — immigration status does not matter.
National Human Trafficking Hotline
Call 1-888-373-7888 or text 233733 — free, confidential, for victims and anyone who suspects trafficking.
Bullying in West Virginia
Every state has an anti-bullying law, and every school must have a plan. If your child is being bullied, document what happens and report it in writing to the school — and know what your state’s law requires.
West Virginia anti-bullying law
Homelessness help in West Virginia
If you are homeless or at risk of losing your housing, help is close by. Shelters, food, health care, and long-term housing programs exist in every community.
211 homeless services
Dial 211 and press 6 for homeless services in your area.
VA homeless veterans
Homeless veterans: call the VA National Call Center at 1-877-424-3838 (877-4AID-VET), 24/7.
Deed fraud & squatters in West Virginia
Thieves can forge a deed to steal your home’s title — many counties offer free recording alerts that notify you if anything is filed against your property. And if someone is living in your property without permission, your state has specific rules for removing them: you generally cannot just change the locks.
FBI: protect your property from deed fraud
FBI Internet Crime Complaint Center alert on parcel-owner impersonation →