Nitro, WV Divorce Attorneys
The end of a marriage is painful and time-consuming, regardless of what caused it. Whether someone did something unforgivable or you and your partner simply grew apart over time, you’ve decided on divorce. That means that you should prepare for some tough conversations and some hard decisions.
The good news is that you absolutely do not have to go through this alone. The Nitro divorce lawyers at Pence Law Firm know how challenging this process can be, and we’re here to help you every step of the way. Call us at 304-407-7852 to set up a consultation now.
Types of Divorce in West Virginia
When considering a divorce in Nitro, West Virginia, it’s important to understand the different types of divorce available. West Virginia recognizes two main options:
- Fault-based: A fault-based divorce is granted when one spouse can prove that the other spouse essentially forced the divorce by mistreating them. Grounds for fault-based divorce in West Virginia include adultery, cruelty or violence, desertion, addiction, and felony conviction. If a spouse is able to secure a fault-based divorce, it may help them in the division of assets or when seeking alimony.
- No-fault: In West Virginia, couples can also pursue a no-fault divorce. This type of divorce is one where the couple agrees that their marriage has broken down irretrievably. This is generally a faster and easier option, as neither side has to prove that the other party mistreated or abused them.
Important Issues to Discuss in Your Divorce
Divorces involve various legal and personal matters that must be addressed before you can finalize your split and move on. Some important issues to discuss with your attorney include:
- Child custody and visitation: If you have children, determining child custody and visitation arrangements is a significant aspect of your divorce—and one that often leads to drawn-out disputes. The court will prioritize the best interests of the child when making custody decisions, utilizing a wide range of factors to determine what type of arrangement best suits the child’s needs. In most cases, parents come to an agreement together and the court simply needs to approve it. If they are unable to compromise, the court gets the final decision.
- Child support: Children deserve to be financially supported by both parents, regardless of how much time they spend with each parent. Child support is typically determined based on the income of both parents, the number of children the parents share, and the child custody arrangement. An attorney can help you understand the child support guidelines in West Virginia and ensure that a fair and appropriate amount is determined.
- Division of marital assets: West Virginia follows the principle of equitable distribution when it comes to dividing marital assets. This means that marital property is divided fairly—but not necessarily equally. Marital assets can include real estate, investments, retirement accounts, vehicles, and personal belongings. An attorney can help ensure a fair division of assets and protect your interests. Factors that may affect the division of assets include each party’s income, contributions to the marriage, separate assets, health, and age.
- Spousal support: Spousal support, also known as alimony, may be on the table in your divorce. It’s important to note, though, that alimony is not awarded in every divorce. Now that it’s more common for both spouses to work, alimony is less common. Factors affecting alimony include the duration of the marriage, the financial needs of each party, the earning capacity of both partners, and the standard of living established during the marriage.
- Debt division: In addition to dividing up assets, spouses must determine how to split up debts accumulated during the marriage. A lot depends on when the debt was taken on, if it’s attached to any assets, and who benefited from the decision to take on the debt.
Navigating Divorce Disputes
There are numerous ways to work out disputes and disagreements that arise during the divorce process. First, you should know that disputes are nearly inevitable. Ending a marriage is emotionally draining, and it’s common for issues to come to a head at some point during this process. However, that doesn’t mean that you must approach your divorce in an adversarial or contentious way.
Many couples opt for a collaborative approach. Just because your marriage is ending doesn’t mean you need to fight each other—in most cases, you both want the same thing, which is to complete the process as quickly and fairly as possible. Informal negotiations are one way to collaborate and compromise, but you may also work with a mediator.
If it is impossible to negotiate the terms of your divorce out of court, then we will need to litigate. When this occurs, both parties make their case in front of the judge. The judge then looks over the evidence and makes their ruling on contested issues. This path is usually more expensive and time-consuming since it’s generally only used when every other option has failed. However, if you and your spouse truly cannot come to an agreement, it may be your only option.
How an Attorney Can Help You During This Process
When you choose Pence Law Firm for your divorce in Nitro, WV, you can breathe a sigh of relief. While divorce is never easy, it is easier with the help of the right legal team. We understand how hard this process may be for you, and our goal is to make it as easy as possible while fighting for your best interests.
No matter which type of approach you want to take to your divorce, your attorney at Pence Law Firm will accommodate you. We’ll learn more about your priorities, figure out where you’re willing to compromise and move forward with negotiations and deliberations. You can rely on us for a full explanation of your options, our professional recommendations, and the support you need as you prepare for life after divorce.
Set Up Your Free Consultation Today
The sooner you consult with the team at Pence Law Firm, the sooner you can get your divorce started. A new life waits for you on the other side of your divorce; let us help you get there. Call us now at 304-407-7852 or send us a message online to get started.