Fairmont, WV Divorce Lawyers

Whether you’ve made the decision to start fresh and move on from your marriage or your spouse has made this difficult call, choosing the right legal representation is key. At Pence Law Firm, we strive to help individuals going through divorce understand their options, decide on a path forward, and navigate this process with as much ease as possible.

Ready to discuss your options, tell us about your goals for your divorce, and figure out your next steps? Let’s talk. Call us at 304-345-7250 to set up a consultation.

Divorce Laws in West Virginia

Every state has slightly different divorce laws, and it’s important to know the restrictions in your state so you can avoid unnecessary delays and setbacks. West Virginia in particular has some unique options that set it apart from most other states.

First, you must make sure you meet the residency requirements for filing in Fairmont. If you’re seeking a divorce for any reason other than adultery, you or your spouse must be a resident at the time that you file. The party in question must also have been a resident for a full one year prior to filing. This requirement is not in place for couples that are married in West Virginia; in this case, there is no specified length of time required. If the cause for the divorce is adultery, one party must be a resident.

Every state in the United States offers no-fault divorce, and West Virginia is no different. They allow divorce for irreconcilable differences. But what makes West Virginia unique is that it also allows couples to file for divorce due to just cause. Grounds for divorce in this state include adultery, cruelty and abuse, addiction to drugs or alcohol, confinement in a mental institution, conviction of a crime after the marriage occurred, child abuse or neglect, and abandonment.

It’s also important to recognize the state’s separate living requirement. Before you file for divorce in West Virginia, the couple must have lived separately and without interruption for one full year. This means that for on-again-off-again couples, the one-year clock resets every time they cohabitate.

Starting Your Case—Important Decisions to Make

This is one of the most challenging things you’ll go through in your life, and the decisions you make will impact the rest of your life going forward. Your attorney will walk you through these early decisions, explain the potential outcomes and consequences of each one, and help you make the best choices for your future.

One issue to consider is how you want to handle your divorce. Traditionally, divorce has been a very adversarial process, putting divorcing spouses on opposite sides of the table and pitting them against each other. This is often still used, especially when a marriage ends on bad terms or one party is uninterested in cooperation. However, a growing number of couples are turning to collaborative divorce or divorces negotiated via mediation. This is especially popular with divorcing parents, as a collaborative approach allows them to maintain the co-parenting relationship.

You’ll also need to look at the issues facing you during divorce—listed below—and decide where your priorities lie. This choice will guide your negotiations.

Navigating the Division of Assets

The division of assets largely determines your financial stability and freedom as you move forward after divorce. West Virginia allows for a fair and equitable division of assets and debts, but as long as a couple can agree on a fair split, the court will generally accept their solution. Any assets or debts you had prior to marriage will likely remain your sole property after divorce.

Child Custody Concerns

This is often a top priority in Fairmont divorce cases. The court generally prefers a custody split that gives both parties meaningful parenting time, but it also recognizes that this isn’t always possible. One parent may retain primary custody if the other parent works excessively, is uninterested in taking more parenting time, or has a history of addiction or abuse. Regardless of how you decide to split custody, you will need to come up with a comprehensive parenting schedule and parenting plan that will govern how you handle important decisions that arise.

Child Support and Alimony

These are also important components of your financial stability post-divorce. Alimony used to be a staple in divorce cases across the country, but it is far less common now due to the rise of dual-income households. Even if both spouses worked during the marriage, spousal support may still be ordered if there’s a significant earning disparity that leaves one party unable to support themselves. The duration and amount of spousal support are influenced by the length of the marriage, the ability of the lower-earning party to support themselves eventually, and the size of the earning gap.

Child support is fairly standard in West Virginia. The formula accounts for both parties’ income and the amount of time spent with the child.

Why You Should Choose Pence Law Firm

The team at Pence Law Firm understands the wide range of factors that come into play when you decide to divorce. We know that divorce puts you through enormous financial, emotional, and legal challenges, and our goal is to support you during this time so you can make the right choices for your future.

Every divorce is different, and we approach every divorce case as unique. Whether you prioritize your financial well-being, the amount of custody you get, or a strong co-parenting relationship, we will put your best interests first and guide you through each step of this process. By helping you understand what the court is looking for, what compromises are typical in a divorce, and how negotiations usually work, we hope to prepare you for what’s to come and limit your stress and anxiety.

Reach Out Today—We’re Here to Help

Once you’ve decided that divorce is the right decision for you, it’s time to meet with our team of Fairmont divorce lawyers. No matter what you hope to get out of your divorce and what you’re looking for in the next stage of life, you can rely on us to help you get there. Call us at 304-245-7250 or get in touch online to set up a consultation.