Divorce
Divorce can be a very difficult and traumatic time in your life. With all the stress involved, the last thing you need to worry about is whether you have a lawyer that is on your side, fighting for you and, quite possibly, your children. If you are considering a divorce, you have many legal issues to consider beginning with how your property will be divided to how to share your parental rights (if you have children). We understand the law and are here to help you figure out your goals and how to work toward them, whether it involves negotiating with your spouse or taking the matter to court.
Division of Property
The basic rule for the division of assets in a divorce in West Virginia is called "equitable distribution". Instead of an automatic 50/50 split, equitable distribution focuses on a fair division of property. We will help you get an accurate valuation of the marital property and advocate for a fair outcome and ensure that it is done accurately the first time.
Alimony and spousal support
Under certain circumstances, one spouse may be entitled to alimony should the court deem it necessary and to rehabilitate the other spouse or to equalize incomes. We can help you argue for or against spousal support based on the circumstances of your marriage.
Child custody and child support
Do you want to visit with your children as much as your spouse does? Do you have a spouse that is unfit and should not be spending time with your children? Even if you have mutual parenting agreement and need an Order to have it implemented, we can help. West Virginia uses a formula to calculate a person's child support obligation based on the incomes of both parents. If your income or your spouse's income is difficult to determine, we can help you collect evidence for a fair outcome or argue for a deviation from the basic formula.
Modification
After any divorce or custody determination, circumstances that were once relevant to decisions made during the process can change. When they do, you can petition the court for a modification upon a showing of a substantial change in circumstances. Parenting plans in particular are subject to modification. If your current custody or visitation arrangement is no longer working for you or your children, if your income or that of he other party has changed or if you would like to have more of a say in health care, educational, religious upbringing or with whom your children are associating, we can help you petition the court to modify the parenting plan or child support.
Contempt
If your ex-spouse isn't abiding by the court's previous order or if someone is accusing you of not abiding by the court's previous order, we can still help you. We don't disappear when your case is final. We will continue to assist you.
Grandparent's rights
In West Virginia, courts may grant grandparents visitation rights or the right to make decisions on behalf of their grandchildren. In some instances, parents are unfit to take care of their children and the job gets passed on to the grandparents, who form a bond with the children. If you are raising your grandchildren and are concerned about protecting your relationship with them, we may be able to help you. If a new divorce threatens to destroy the bond you have with your grandchildren because you just aren't able to work with the parents on a visitation arrangement, we can make your case to the court for you. If you have grandchildren, you want the very best for them and we'd like to help you protect the special bond you have with your grandchildren.
