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West Virginia Legal Guides

Understand West Virginia's specific laws and regulations across six major practice areas. Each guide covers state statutes, court procedures, and key legal differences.

Legal Guides for West Virginia

Personal Injury

West Virginia follows a modified comparative fault system with a 51% bar, preventing recovery for plaintiffs who are 51% or more at fault. The state has a two-year statute of limitations for most pers...

Statute of Limitations: 2 years from date of injury
Comparative Fault: Modified comparative fault, 51% bar
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Family Law

West Virginia family law is governed by West Virginia Code Chapter 48 (Domestic Relations). The state follows equitable distribution for marital property and recognizes both no-fault and fault-based g...

Residency Requirement: 1 year in state (with exceptions)
No-Fault Ground: Irreconcilable differences
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Criminal Defense

West Virginia's criminal justice system has been significantly shaped by the opioid epidemic, which has hit the state harder than almost any other. The state has responded with a combination of enhanc...

DUI BAC Limit: 0.08% standard; 0.04% commercial; 0.02% for under 21
Stand Your Ground: No duty to retreat in any place a person has a legal right to be; enacted 2020
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Estate Planning

West Virginia does not impose a state estate tax or inheritance tax. The state is a common law property state with an elective share. West Virginia has its own probate statutes (not the UPC). Holograp...

State Estate Tax: No state estate tax
Small Estate Threshold: $50,000 for simplified process
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Business Law

West Virginia offers a low-cost business environment with competitive tax rates and a streamlined regulatory framework designed to attract investment and diversify the state's economy beyond its tradi...

LLC Formation Filing Fee: $100 for Articles of Organization filed with Secretary of State
Corporate Net Income Tax: 6.5% on net income apportioned to West Virginia
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Real Estate

West Virginia real estate law features a non-judicial foreclosure system through deeds of trust, low property tax rates, and significant mineral rights considerations in the state's coal and natural g...

Excise Tax: $1.10 per $500 on deeds; $1.10 per $500 on deeds of trust
Non-Judicial Foreclosure: Trustee sale after published notice for 2 consecutive weeks
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