Beckley Divorce Lawyer

Beckley Divorce Attorney

Deciding to file for a divorce is a huge undertaking and one you do not have to do alone. A Wooton, Davis, Hussell & Johnson, PLLC Beckley divorce lawyer can keep you informed of what you are entitled to during a divorce and ensure you are not taken advantage of during this highly emotional transition. Let us help you start this new stage of your life by advocating for your well-being.

What Is Involved in a Divorce?

A family law attorney can assist you with multiple aspects of divorce, including:

• Alimony and spousal support. If one spouse earns a significant amount more than the other spouse, they may be obligated to pay spousal support to the lower-earning spouse.
• Child support and custody arrangements. If the spouses have a child together, they must make arrangements for the child’s custody and visitation. They are both equally responsible for the child’s well-being and must contribute to the child’s care. Support may be paid from the higher-earning spouse to the lower-earning spouse to ensure the child is properly cared for.
• Property division. Property that is shared between spouses must be divided equitably. Difficulties in equitable property division can arise for larger assets like houses and vehicles.

Due to the multi-faceted nature of these terms, it can be challenging to know if the outcome of your divorce is a fair one. When you decide to file for divorce without the guidance of an attorney, you risk walking into unfair agreements, especially if your spouse has legal counsel of their own.

Fault Versus No-Fault Divorce

West Virginia recognizes fault-based and no-fault divorces. Fault-based divorces can be ordered by the court if a spouse:

• Is prone to habitual drunkenness or drug addiction
• Willfully deserts or abandons the other spouse for at least six months
• Is abusive or neglectful to the child
• Commits adultery
• Is convicted of a felony crime
• Has treated the other spouse in a cruel or inhuman manner

There are instances where a fault-based divorce is not granted, such as when two spouses voluntarily cohabitate after discovering one’s adultery. However, proving fault is not necessary to get a divorce.

No-fault divorces can be achieved if spouses have irreconcilable differences and cannot make the marriage work. Additionally, spouses can enter an uninterrupted, voluntary period of separation for one year and be granted a divorce.

Common Barriers to a Divorce

There are two types of divorce you can file for in West Virginia: contested divorce and uncontested divorce. In an uncontested divorce, all parties are in agreement on the terms of the divorce and do not need to bring any issues in front of a judge in a court proceeding. For an uncontested divorce, you and your spouse will need to create a settlement agreement that covers the following issues:

• How you will divide shared property and debts
• Amount and frequency of spousal support, if necessary
• Custody and visitation arrangements for any minor children you have together
• Child support payments

A contested divorce is one where the spouses cannot agree on all or some of the above terms. These disagreements can cause major delays in the divorce process and may require extensive litigation in and out of court. West Virginia offers both no-fault and fault-based options for filing divorce.

It is ideal to file for an uncontested divorce, but this is not always feasible. No matter what stage of divorce you are at, it is important to consult with an attorney to make sure you are not taken advantage of during negotiations.

When Court Becomes Necessary

Whether you file for a contested or uncontested divorce in Beckley, your divorce will have to be considered by a judge in court. With uncontested divorces, involvement can be as simple as signing the terms of the agreement into effect.

Further litigation in court becomes necessary when spouses cannot agree on the terms of a divorce. If negotiations yield no agreement between spouses, you must schedule a court hearing where a judge will examine the facts of your marriage and make the decision for you. However, even if you and your spouse have agreed on the terms in an uncontested divorce, judge intervention may still be necessary. A judge can overturn the terms if they find:

• Unfair division of property based on each spouse’s contributions
• The parenting plan is insufficient or harmful to a child
• One spouse coerced another spouse into an agreement

FAQs

Q: How Much Does a Divorce Cost in West Virginia?

A: In West Virginia, the cost of a divorce depends on many factors such as:

• Possible attorney fees
• If papers must be served to your spouse
• If your case requires extensive court hearings
• If you have children and require a parent education class

The base price to file for divorce in West Virginia is $135, but all of these factors can contribute to higher fees.

Q: Do You Need a Lawyer for a Divorce in West Virginia?

A: No, you do not need a lawyer for a divorce in West Virginia. However, it is strongly advisable that you seek competent legal counsel to help you navigate the complexities of divorce. Without proper advocacy and representation, you could lose more assets and potential spousal support than you might pay in attorney fees.

Q: How Long Do You Have to Be Separated Before Divorce in West Virginia?

A: Unlike many other states, West Virginia does not have a mandatory separation period before you are allowed to get a divorce, except if you are specifically seeking a divorce on the grounds of a one-year separation. West Virginia will allow you to file for divorce without separation with fault or no-fault divorces.

Q: What Type of Lawyer is Ideal for Divorce?

A: A divorce or family lawyer is ideal for achieving a fair and smooth divorce. We can help to ensure you receive an equitable outcome in your divorce and secure adequate support for you and any children you may have. The legal team at Wooton, Davis, Hussell & Johnson, PLLC is ready and able to help you through your divorce proceeding.

Experienced Legal Representation Ready to Help

Whether you are ready to file for divorce or need some additional assistance navigating the legal process, contact a Beckley divorce lawyer today at Wooton, Davis, Hussell & Johnson, PLLC.