Overview of Divorce in West Virginia

Divorce in Virginia, as with other states, is a complicated subject with plenty of complicated laws to go along with it. The following is a brief overview on the more important divorce laws such as division of property, spousal support, and child custody. If you enter the divorce armed with this knowledge you will know what to expect before you get involved with something you later regret.

Division of property in West Virginia

Sometimes the most important factor in a divorce is how the property will be divided; and with good reason. Thousands, may be millions, of dollars may be at stake when you file for divorce, so make sure you realize that. Divorce in West Virginia follows the ‘equitable distribution’ law of determining how property is divided. What this means is that the court will go over the finances of each spouse in order to determine the situation that each person is in. It will then seek to distribute the property as fairly as possible, not necessarily equally.

How spousal support is determined?

First you should know that spousal support, or alimony, will not be granted in every court case. It is a matter to be decided by the court in each individual case; or, if the divorce in West Virginia is uncontested, you may have already reached an agreement on the matter. When the court determines how alimony is to be given, it will look at different factors such as: the income earning abilities of each, the present employment income, duration of the marriage, the education level of parties involved, and the expense that needed education would incur, and so on.

How child custody is determined?

Perhaps the most important, and difficult, part of a divorce in West Virginia is child custody. It is definitely heart wrenching to see two parents fighting over a child. In some cases, the two spouses can come to an agreement as to who gets the child; this may be done in order to spare the child from the emotional struggle. It is the court’s responsibility to always act in the manner that is best suited for the child or children involved. The factors that the courts will use to influence their decision include: stability of the child, custodial agreements and upbringing, parent-child attachments, contact between the parent and child, which parent is better able to meet the needs of the child, and so on.

To get the most pertinent information regarding your specific situation, consult with an attorney near you today.
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