Divorce Lawyers Charleston, WV

Professional Divorce Attorneys Helping West Virginia Families Move Forward

At Pence Law Firm PLLC, our Charleston, WV divorce lawyers have 100 years of experience combined in guiding clients through a divorce in the most amicable way possible.

Many people assume that all divorces are contentious and that every spouse makes it difficult for the other. In many cases, however, both parties are hoping to resolve cases as quickly and peacefully as possible. Whether you are anticipating an amicable or contentious one, our Charleston, WV divorce lawyers can provide the dedicated representation you need.

Contact Pence Law Firm online or at (304) 345-7250 for a consultation with our divorce lawyers in Charleston, WV.

How Is Divorce Filed in Kanawha County, WV?

If you are separating from your spouse, there is more to think about if you have property or children together. At Pence Law Firm, PLLC our Charleston, WV divorce lawyers can help you with any matters related to divorce such as:

• Alimony
• Custody
• Child Support
• Domestic Violence
• Establishing Guardianship
• Property Division

What Types of Divorce Are There in WV?

We have extensive experience with various divorce cases, including high-asset divorce. There are many different types of divorce that can be used to separate from your spouse without having to go to court.

• No-Fault Divorce: This form of divorce recognizes that both spouses contributed to the breakdown of the marriage. These are suitable for couples who don’t expect that they will have to fight about how to divide their assets.
• Uncontested Divorce: The two spouses work together to resolve the terms of their divorce settlement. The terms in divorce may include custody, support, property division, alimony, and so on. An uncontested divorce is usually settled fairly quickly, and often don’t require hearings, settlement negotiations, or other types of court procedures.
• Contested Divorce: This is the typical heated and combative separation that you often see on TV. A contested divorce usually involves the two spouses hiring separate attorneys to take their settlement disputes to court for a judge to make a ruling.
• Mediation: A neutral third party hears both spouses’ reasons for wanting to separate. However, the mediator does not make a decision for the couple and instead facilitates a discussion between them that will hopefully help them reach an agreement that will guide the final divorce judgment.
• Collaborative Divorce: Each spouse retains legal counsel and signs an agreement stating they will work together to come to an agreement. If the spouses can’t agree, both of their attorneys will withdraw from the case, and the spouses will have to start the divorce process all over.
• Summary Divorce: This type is a good option for couples who lack substantial assets, don’t have any children, and weren’t married for very long. Summary divorces simply require each spouse to fill out and file a few forms.

How to File for Divorce in WV

In order to file for divorce in West Virginia, you must complete the required forms. They are:

1. Petition for Divorce
2. Case Information Statement
3. Financial Statement
4. Vital Statistics Form

In your Petition for Divorce, you must attest that you were married in the state of West Virginia and that you or your spouse still live there. You must also be a resident of West Virginia for 1 year.

If you have children, you will also need these forms:

1. Child Support Income Withholding Form
2. Parent Education Registration Form

All forms for divorce in West Virginia can be obtained from the circuit clerk’s office or downloaded from the West Virginia Supreme Court of Appeals website.

Where Do I Go to File for Divorce?

When the forms are complete, you must file them either in the county where you were married or the county where you currently reside.

How Long Does It Take to Get a Divorce in West Virginia?

The length of each divorce case will vary in West Virginia since it is not a cookie-cutter process. Depending on how complicated the divorce is, it could be completed within a few months of filing or it could take much longer. In West Virginia, a couple must wait at least 20 days after filing for divorce before the judge can finalized the divorce.

How Much Does It Cost to File for Divorce in West Virginia?

Again, the cost of each divorce case will vary in West Virginia depending on its complexities. Less complex cases will be faster and cheaper, while more complicated cases could end up costing a lot more. A spouse can expect to pay around $150 in court fees to initially file for divorce in West Virginia.

Divorce with Children

If you have children and are divorcing, you must attend the parent education class. You will be notified of a date and time for this class after your forms are filed. After you complete the class, prepare a parenting plan which details the custody and visitation arrangement you would like. If you and your spouse are amicable and the parenting plan is completed before your first hearing, it can be filed with the court ahead of time. Your divorce can be completed at this time.

If there are further issues that need to be addressed, the judge may enter a temporary order in the first hearing and subsequent hearings will be scheduled. The divorce is only valid after you and your spouse resolve all matters between you or when the judge has ruled on the matters you cannot agree on.

• Related: Determining Child Custody

Get Started With a Charleston, WV Divorce Lawyer Today

If you are thinking of getting a divorce, you should immediately consult with our divorce attorneys in Charleston, WV. We understand that divorce is a daunting task to take on. When you hire our firm, our family law team will be by your side at each step of your case to ensure that your rights and interests are protected.

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