Divorce Lawyers in Charleston, WV

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Residency Requirements and Divorce in Charleston, WV

Living in Charleston, WV

If you live in Charleston, WV and you want to get divorced, there are residency requirements or guidelines that you have to meet.  According to http://aboutdivorce.org, you cannot file for a divorce in the state of West Virginia, unless you have been living in the state for a minimum of one year.  This is for marriages that have taken place outside of the state of West Virginia. If you have just moved to West Virginia, you will have to wait for an entire year before you can file for divorce.

Filing for Divorce when Married in West Virginia

If you were married in West Virginia, the residency laws do not apply to you when you file for divorce in Charleston, WV.  This means that even if you have moved around the country and just recently moved back to the state of West Virginia, you will be able to file for divorce without waiting for a year.  If your spouse doesn’t live in the state of West Virginia, you can still file and be granted a divorce.  Either party can live in the state and file for a divorce.

Property Distribution in Charleston, WV Divorce Issues

If you are getting divorced and you have a high profile marriage or there are a lot of assets to be divided it should never be assumed that you will get 50% of the property.  Charleston, WV courts and the West Virginia divorce laws divide property up according to equitable distribution. The court will determine who gets which assets and this doesn’t mean 50%.

Why Hire a Divorce Attorney?

A divorce attorney is an excellent person to turn to that can file for a divorce for you in Charleston, WV.  Residency laws can be tricky and so can obtaining property that you feel is rightfully yours.  You want to be sure that you get what you are entitled to or at least what is fair.  An attorney can ensure that this happens for you.

What an Attorney Can Do for You

If you are going through a divorce and there is a lot of property to be split up between the spouses and things are going to get bitter, you must hire an attorney.  An attorney can help keep the situation as civil as possible while helping you with an equal distribution of the property.  It should never be assumed you are getting half in Charleston, WV divorce cases because this is not the way the West Virginia divorce courts work.

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