Martinsburg, WV Divorce Lawyers

The decision to move on from a marriage is never an easy one. Before taking this step, you’ve likely weighed your options, considered or even tried marriage counseling, and thought about the difficulties you’ll face during and after divorce. But once you decide to move forward with divorce, it’s important to seek legal assistance right away. The agreements you make during a divorce will affect your quality of life in the years and decades to come, and you deserve high-quality legal representation to help you make these important decisions.

That’s where the team at Pence Law Firm steps in to help. Our team of Martinsburg divorce attorneys can help you explore the issues you’ll face during divorce, decide which outcomes are most important to you, and advocate for you throughout the process. Call us at 304-345-7250 to set up a consultation right away.

Preparing for the Many Challenges You Face During a Divorce

As you work through your divorce, you’ll face a wide range of challenges, including legal, financial, and emotional challenges. Knowing what to expect can put you in a better position to get the support you need and prepare for this transition.

To begin preparing for a smooth divorce process, collect copies of all of your financial documents. This includes bank statements, recent credit card statements, information regarding any assets you own, information on any debts you have, tax returns, cryptocurrency transactions, and property deeds. The division of assets is a crucial part of the divorce process, and knowing what you have is key to getting a fair deal.

Emotional preparation must be a priority. People often get so caught up in the legal aspects of divorce that they fail to protect themselves from the onslaught of mental and emotional stress coming their way. Decide who you want to share the news of your divorce with, thinking about who has relevant experience in this area, who is likely to be a good source of support, and who can help you stay mentally strong as you advocate for yourself. You may also want to look into other resources, such as professional counseling and support groups that can provide you additional assistance when you hit roadblocks.

Legally, the best thing you can do is reach out to a divorce attorney. Martinsburg divorces can get complicated and adversarial very quickly, and when you run into challenges, you’ll be glad to have professional guidance.

Issues to Consider

As you navigate your divorce, you’ll need to make a lot of crucial decisions. Some of the issues that will come into play include:

• Division of assets: The division of assets determines who receives ownership of your shared assets and who takes financial responsibility for your shared debts. Like many other states, West Virginia utilizes the equitable distribution principle. The court wants to see debts and assets split up in a way that is fair and equitable to both parties. Depending on both spouses’ income, ability to work, and contributions to the marriage, that may or may not mean an equal split.

• Child custody: Child custody is often one of the most time-consuming parts of a divorce. Parents often dread the thought of losing time with their children, and if there are safety concerns with the other parent, that fear is elevated further. The court generally prefers to see a child spend significant time with both parents, as this allows them to maintain a meaningful relationship. However, there are circumstances in which it makes more sense for one parent to take on all or the majority of childrearing responsibilities. In this part of your divorce, you’ll also need to think about who has the legal right to make decisions regarding your child’s education, religious upbringing, and medical care.

• Child support: Child support in West Virginia utilizes the Income Shares Support Formula. This means that the calculation considers how many children you and your spouse share, how much time the children spend with each parent, and any specific expenses involved in raising each child. In some cases, paying above the guidelines may be recommended.

• Spousal support: Spousal support is awarded in certain West Virginia divorce cases. If there is a massive income disparity and the lower-earning spouse is unable to support themselves with their income alone, the other spouse may be ordered to pay a lump sum or ongoing spousal support. A number of factors contribute to whether or not spousal support is ordered and how much the higher-earning party has to pay, so you should discuss this with your attorney if you think it’s applicable to your divorce.

How You Approach Your Divorce

The approach you take to your divorce can determine how much you walk away with after your split, how long the process takes, and what type of co-parenting relationship you have afterward. Many couples find it helpful to utilize a collaborative approach that utilizes mediation and negotiation. This approach attempts to put both spouses on the same side, rather than pitting them against each other. By negotiating and compromising, you can reach a fair agreement while preserving the co-parenting relationship.

It’s important to recognize, though, that this approach is not always possible. When one spouse is committed to hurting the other or making the process as painful or expensive as possible, the other spouse has to protect themselves. Otherwise, they risk losing everything to a vengeful ex-partner. If your ex-spouse is fighting you on everything and wants to walk away with the entirety of the marital estate, a more traditional adversarial approach may be necessary.

Why You Should Choose Pence Law Firm

At Pence Law Firm, we recognize that no two divorces are the same. What you want from this process isn’t the same as any other divorcing spouse, and the approach we recommend will be specifically tailored to your needs and priorities. While this may be one of the most difficult things you ever go through, we hope to make it as easy as possible for you while setting you up for a brand new chapter in life.

Reach Out Today to Discuss Your Legal Options

When you’re ready to move forward with your Martinsburg divorce, the team at Pence Law Firm is here for you. Schedule your consultation now by calling us at 304-345-7250 or contacting us online.