West Virginia Legal Guides
27 guides covering West Virginia topics, each with Caselaw search beside the article.
Where to search West Virginia lawFree caselaw search for West Virginia — search by citation, case name, or legal issue, with full text and PDFs.
- Adverse Possession in West Virginia
West Virginia adverse possession: 10 years under W. Va. Code § 55-2-1. Elements, taxes, color of title, and linked West Virginia opinions.
- Can I Get Sued After a Car Accident in West Virginia? Does Fault Matter?
West Virginia car accident lawsuits and fault: modified comparative fault with a 50% bar (recovery barred at 50% or more fault) under W. Va. Code § 55-7-13a, when you can sue or be sued, insurance rules, and the statute of limitations (Two years for personal injury actions under W. Va. Code § 55-2-12.).
- Castle Doctrine in West Virginia: Deadly Force Against Intruders
West Virginia castle doctrine: when occupants may use deadly force against home intruders, key statutes (W. Va. Code § 55-7-22), presumptions, and leading cases.
- Child Custody and Parenting Time in West Virginia
How West Virginia courts decide custody and parenting time under W. Va. Code §§ 48-9-101 to 48-9-604, including best-interests factors, relocation, and modification.
- DUI Penalties in West Virginia
West Virginia DUI penalties under W. Va. Code § 17C-5-2: BAC limits, first-offense range, when a DUI becomes a felony, and ignition-interlock rules.
- How Does Bond Work in West Virginia? Bail and Pretrial Release Explained
West Virginia bail and bond explained: Bail before trial with bond alternatives. Types of release, what judges consider at a bail hearing, forfeiture risks, and linked West Virginia opinions under W. Va. Code §§ 62-1C-1 to 62-1C-22.
- How Does Eviction Work in West Virginia?
West Virginia eviction / Eviction / unlawful occupancy proceeding under W. Va. Code § 55-3A-1 et seq. (eviction; unlawful occupancy): notices, filing forum, timeline to a writ of possession, and common tenant defenses.
- How Do You Make a Valid Will In West Virginia?
A valid will under West Virginia law must be: In writing; Signed by the testator Properly attested and subscribed by two witnesses. The requirements to make a valid West Virginia will are found at WV Code § 41-1-3 . Who Can Make a Va…
- How to Expunge a Criminal Record in West Virginia
West Virginia expungement begins with W. Va. Code § 61-11-26, §61-11-26 Expungement of certain criminal convictions; procedures; effect. This guide follows that petition, the records that travel under a different section, and the opinions that have already decided these requests.
- How to File a Lawsuit Without a Lawyer in West Virginia: Pro Se Litigation Guide
A practical West Virginia guide to representing yourself: what statutes, cases, and rules are; how to draft and file a complaint; how service and West Virginia eFiling / File & Serve (where enabled) registration work; discovery; evidence; and how LawDiver helps you research authorities in the corpus.
- How to File for Divorce in West Virginia
West Virginia divorce filing guide: At least one party must have been a West Virginia resident for 1 year before filing (with limited exceptions when the marriage was solemnized in-state). equitable distribution; linked statutes and process overview.
- How to Get a Prison Sentence Reduced in West Virginia
Paths to shorten or correct a West Virginia prison sentence under W. Va. Code §§ 53-4A-1 to 53-4A-8: modification motions, good-time credits, parole, and post-conviction relief — with linked West Virginia opinions.
- How to Modify Child Support in West Virginia
Step-by-step guide to modifying a West Virginia child support order under W. Va. Code § 48-11-105: what counts as a change in circumstances, when changes take effect, and the cases that matter.
- How to Modify Spousal Support in West Virginia
Step-by-step guide to modifying spousal support in West Virginia under W. Va. Code § 48-8-103(b): changed-circumstances standards, retirement and cohabitation rules, when changes take effect, and the cases that matter.
- Is Abortion Legal in West Virginia?
West Virginia abortion law after Dobbs: near-total ban. Near-total ban with no elective gestational window; only narrow statutory exceptions.. Linked statutes and West Virginia opinions.
- Is a Conveyance of a Beneficial Interest of a Trust With a Spendthrift Clause Void or Voidable?
A standard revocable trust is a trust that is fully revocable and changeable during the lifetime of the settlor. A typical revocable trust has provision for the death of the settlor. If the trust is going to continue on for the benefit of b…
- Security Deposit Return in West Virginia
How West Virginia landlords must handle residential security deposits under W. Va. Code §§ 37-6A-1 to 37-6A-6: limits, return deadlines, and wrongful-withholding remedies.
- Small Estates In West Virginia: July 2021 Update
A West Virginia law in effect since July 1, 2021, simplifies the process for small estates in West Virginia by creating the West Virginia Small Estate Act which allows for administration of certain small estates by affidavit and without app…
- Stand Your Ground Laws in West Virginia
West Virginia stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights West Virginia
A surviving spouse in West Virginia has important rights and protections under West Virginia law, including: Intestate Share Elective Share It is critical for a West Virginia widow to educate themselves about what they are entitled to from …
- West Virginia Child Support Guidelines: How Support Is Calculated
How West Virginia calculates child support under W. Va. Code § 48-13-101 et seq., including the income shares, deviations, modification, and leading cases.
- West Virginia Evidence Law: Admissibility, Hearsay, and Authenticity
A practitioner guide to West Virginia evidence law under the West Virginia Rules of Evidence: general admissibility, character evidence, hearsay and its workhorse exceptions, unavailable declarants, depositions at trial, party admissions, dying declarations, medical statements, and a dedicated authenticity section — with case and statute links in the LawDiver corpus.
- West Virginia Prevents Child From Inheriting From Deceased Parent Where Parental Rights Terminated
What happens in West Virginia to an inheritance from a parent to a child when the parent has had his parental rights terminated? The recent West Virginia Supreme Court case of Hall v. Hall , 241 W. Va. 12, 818 S.E.2d 838 (2018), holds that …
- West Virginia Spousal support: Eligibility, Amount, and Duration
How West Virginia courts award spousal support under W. Va. Code § 48-8-101 et seq.: eligibility, statutory factors, duration, and leading cases.
- West Virginia Supreme Court Of Appeals: Non-Attorney Executor Cannot Represent Estate In Court Proceedings
A non-attorney executor of a West Virginia estate cannot represent the estate in court proceedings. In A May 2020 opinion, Gomez v. Smith , the West Virginia Supreme Court of Appeals held that a non-attorney executor who purports to represe…
- What Happens If I Refuse a Breathalyzer Test in West Virginia?
West Virginia implied-consent consequences for refusing a chemical breath or blood test under W. Va. Code § 17C-5-4, including license suspension and evidence use.
- Who Are Next Of Kin In West Virginia?
The term “next of kin” in West Virginia is used synonymously with the term “heirs,” which means “persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a deceden…