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State guide

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.

Official court site

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

State bar association

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

Legal aid

Legal Aid WV

Statewide legal aid; helpline 866-255-4370.

lawv.net →
Official state hotline

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).

Housing help

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 →
Community help

Call 211

Free, confidential referrals to local help. Dial 211 from any phone.

211.org →
Community help

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.

File a claim

Where to go

West Virginia Division of Labor (file a Request for Assistance)

Deadline

Time limit to file

2 years

Minimum wage

What the floor is

$8.75

Learn more about unpaid wages in West Virginia →

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.

Process

How it works

petition the circuit court in your county

Cost

Typical court fee

~$200 (varies by county)

Publication

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.

Limits

Maximum claim

$20,000

Cost

Filing fee

typically $30–$75 depending on claim amount

Lawyers

Can you bring one?

yes, allowed

Learn more about small claims court in West Virginia →

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.

Availability

Can records be cleared?

yes — expungement of misdemeanors and nonviolent felonies

Eligibility

What qualifies

misdemeanors and nonviolent felonies from the same transaction; excludes violent, sexual, DUI, and domestic-violence offenses

Timing

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.

Calculation

How it's figured

income shares statutory calculation worksheets in W.Va. Code Ch. 48, Art. 13 (e.g. §48-13-502 worksheet B)

Duration

When it ends

age 18 or high school graduation, whichever is later

Learn more about child support in West Virginia →

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.

Coverage

Which vehicles qualify

new motor vehicles purchased or registered in West Virginia (passenger autos, pickups, vans, motor home chassis)

Threshold

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

Remedy

What you get

revocation of acceptance with refund of purchase price (plus tax/fees) or replacement vehicle

Learn more about the lemon law in West Virginia →

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.

Eviction

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)

Security deposit

Deposit limits & return

No statutory cap; return within 60 days (or 45 days after a new tenant occupies); itemized written statement required

Repairs

When the landlord won't fix things

No repair-and-deduct statute; courts recognize rent withholding until landlord makes habitability repairs

Learn more about tenant rights in West Virginia →

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.

Legal limit

Blood alcohol (BAC) limit

0.08; enhanced penalties at 0.15

First offense

Typical penalties

Up to 6 months in jail (24 hours mandatory), $100 to $500 fine, 15-day license suspension plus 6 months ignition interlock

Prior offenses

How far back DUIs count

10 years

Learn more about DUI / DWI in West Virginia →

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.

Concealed carry

Carrying a concealed handgun

Permitless carry at 21+ (provisional permit available at 18); shall-issue permits still offered

Open carry

Carrying openly

Generally allowed without a permit (18+)

Buying a gun

Background checks & waiting periods

Private sales: Not required on private sales No waiting period.

Red flag law

Extreme risk protection

No red flag law on the books here.

Out-of-state permits

Reciprocity

No permit needed to carry in West Virginia; WV-issued permits are recognized by many other states

Learn more about gun laws in West Virginia →

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.

Audio recording

One-party consent

If you are part of a conversation, you may record it — including with police. (W. Va. Code § 62-1D-3)

Distance rules

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.

Learn more about filming the police in West Virginia →

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.

24/7 helpline

SAMHSA National Helpline

Free, confidential referrals to treatment — call 1-800-662-4357 (English & Spanish).

State help

Treatment in West Virginia

Find treatment programs →

Drug court

Treatment courts in West Virginia

How drug courts work here →

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.

24/7 hotline

National Human Trafficking Hotline

Call 1-888-373-7888 or text 233733 — free, confidential, for victims and anyone who suspects trafficking.

State resources

West Virginia trafficking resources

Official West Virginia resources →

Victim help

Help for victims in West Virginia

Find victim services →

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.

Federal resource

StopBullying.gov

Official federal bullying-prevention hub →

Report & get help

West Virginia bullying resources

Official West Virginia resources →

Your state’s law

West Virginia anti-bullying law

How West Virginia law defines and handles bullying →

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.

24/7 help

211 homeless services

Dial 211 and press 6 for homeless services in your area.

State help

West Virginia homelessness help

Official West Virginia resources →

State coalition

West Virginia homeless coalition

Statewide homelessness organization →

Veterans

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.

National alert

FBI: protect your property from deed fraud

FBI Internet Crime Complaint Center alert on parcel-owner impersonation →

Deed fraud protection

West Virginia deed-fraud resources

Official West Virginia resources →

Removing squatters

West Virginia squatter-removal rules

Official West Virginia rules →