Selecting Your Legal Representation

Legal representation is recommended when filing for divorce in West Virginia, as in any state, even in cases when divorce is uncontested.  A lawyer will assist you in gathering and preparing the documents that will be required by the court.  It is important to find a lawyer who is familiar with West Virginia divorce laws, as well as any laws pertaining to special circumstances you may have, including custody of minor children and division of property.  Listings of lawyers can be found in telephone directories and on the internet.  Meet with several before choosing your legal representation.

Communications with Your Representation in West Virginia

All communication with your legal representation is confidential.  When consulting with your legal representation, whether it is an interview with a lawyer you are considering hiring or consultations with the lawyer you have hired, you need to be upfront and honest about your situation. 

Honestly explain the circumstances that have led you to dissolve your marriage, even if they do not present you in a flattering manner. This will give your lawyer the information needed in order to provide the most effective representation possible.  Your lawyer can explain your rights when it comes to matters such as the custody of minor children and the division of property among other aspects of a divorce.

Dividing Property in West Virginia

West Virginia is an equitable division state, which means that each spouse owns the income they earned during the union and maintains ownership of any property owned solely in their name.  Property and monies that are jointly owned are divided equitably between the parties.  A 50-50 split is considered the starting point and judges will make changes based on arguments presented by either party.  Any other deviations from a 50-50 split can also be made at the court's discretion with the understanding that equitable does not always mean equal. 

The parties will be given the opportunity to reach their own agreement, but in the event they cannot agree, the court will intervene.  The court may consider such things as each spouse’s contributions to the amassing of the marital property, the ability of each spouse to contribute toward marital property, and any limitations that were placed on either party's ability to contribute.  The court may not consider, however, any fault or marital misconduct in the division of the marital assets.

Grounds for Divorce in West Virginia

When a petition for divorce is filed in West Virginia, it must declare the grounds upon which the divorce is requested.  Any grounds listed must be able to be substantiated in court and can be claimed as either fault or no-fault.  Fault grounds for divorce include fear of bodily harm, adultery or false accusation of adultery, degrading treatment and felony convictions. 

There are two no-fault grounds for divorce in West Virginia.  The first is that the spouses have maintained separate residences for a minimum of one year without interruption.  The second is that both spouses agree there are irreconcilable differences between them.

• If you are considering filing for Divorce or are already in the process, Submit Your Case for a Free Review from a Divorce Attorney in West Virginia.

Contact West Virginia Divorce Attorneys

Contact a Divorce Attorney for the following west-virginia cities: