West Virginia State Laws

West Virginia Law

West Virginia broke away from Virginia during the Civil War when Virginia joined the Confederacy. During the war West Virginia played a key role in assisting the Union because it bordered the Confederate states. Following the Civil War’s conclusion the population of the new state flourished.

Immigrants from Germany, Ireland, England, Scotland, and Italy currently make up most of West Virginia’s current population. Today West Virginian economy thrives from coal mining and is the second in coal production in the entire nation. Coal power plants create a majority of the electricity in West Virginia.

West Virginia is governed by state laws. These kinds of laws exist where federal laws have no jurisdiction. Many state laws include gun laws, labor laws, divorce laws, bankruptcy laws, expungement laws, felony conviction laws, and drunken driving laws.

West Virginia Bankruptcy

In 2005 the federal government created the Bankruptcy Act. This act put new regulations on who is eligible for different kinds of bankruptcy and is designed to eliminate the abuse the bankruptcy system received in the past. Those who are eligible for bankruptcy will have their personal incomes and debts compared to the mean of the rest of West Virginia. Those that are above the state mean will be granted Chapter Thirteen bankruptcy, while those who are below the state mean will be granted Chapter Seven bankruptcy.

Chapter Thirteen bankruptcy allows individuals to eliminate their debts through personalized repayment plans. These plans can be as few as three years but cannot exceed five years. Chapter Seven bankruptcy allows individuals to eliminate their debts through liquidation of personal property. Different kinds of property are exempt from liquidation.

West Virginia Divorce

In order to have a West Virginia divorce, individuals are required to be state residents for a minimum of one year prior to filing. Each county circuit court has jurisdiction over its residents’ divorces. If a petition is filed to the incorrect court, the case will be dismissed.

Individuals may file to their county of residency or to the county of their spouses, if they reside in different counties. Those who were married in the state of West Virginia, and who are not currently state residents, may also apply for West Virginia divorces. In these cases the one-year requirement is waived.

West Virginia Expungement

Expungement is the sealing of an individual’s criminal records. Once expunged a record can no longer be accessed by the general public. An individual will then be legally allowed to state in written form that he or she never committed the criminal offense. Most misdemeanor, felony, and sexual offenses are not eligible for expungement. In the cases where a governor has granted pardoning, the case is a juvenile record, or the case is drug-related, a crime can be expunged despite prior stipulations.

West Virginia Gun Laws

Handguns are only permitted under concealed weapons permits. In order to obtain a permit an individual must first demonstrate that he or she can operate, load, and fire a handgun. A provided exam will inform West Virginia citizens of all federal, state, and local gun laws that are lesser-known in regards to carrying conceal weapons.

West Virginia Law Articles


West Virginia Lemon Laws

The state of West Virginia requires all motor vehicle manufacturers to meet specific responsibilities and obligations for motor vehicles under warranties. This means that as long as a vehicle is…

West Virginia Expungement

Expungement in West Virginia The process of sealing criminal records is known as expungement. This prevents the general public from viewing individuals’ criminal histories. After serving their sentences and fines,…

West Virginia Misdemeanors

Misdemeanors in West Virginia The distinction between misdemeanors and felonies is not only in the severity of the offense, but also in the location of the individual’s existing sentence. When…

West Virginia Marijuana Laws

When it comes to growing marijuana, illegal farmers have two options: plant indoors or outdoors. In West Virginia, the majority of the estimated 86,000 pounds of pot that is grown…

West Virginia Labor Laws

Of all the states in America, West Virginia holds the distinction of being the only state to secede from its Confederate counterpart. As the Civil War was escalating, delegates from…

West Virginia DUI Laws

In the United States, those under the age of twenty-one are considered minors when alcohol is involved. Some states have a no tolerance policy in regards to minors and alcohol…

West Virginia Bankruptcy Laws

Bankruptcy in West Virginia The United States government installed new bankruptcy laws in the year 2005. These laws brought new regulations for who shall qualify for Chapter Seven bankruptcy and…

West Virginia Divorce Laws

West Virginia Divorce Requirements The state of West Virginia requires individuals applying for divorce to first be West Virginia citizens for a minimum of one year prior to petitioning. These…

West Virginia Gun Laws

Gun Laws in West Virginia Residents of West Virginia are not required to have a permit before purchasing any kind of long gun or handgun. Registration is also not required…

West Virginia Felony

West Virginia Felonies West Virginia classifies felonies as any criminal act that can be punished by a year or more in a state prison. Most states have alphabetical classifications for…