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Category Archives: Family Law

What Are the Advantages to Mediating a Divorce in West Virginia?

If you have decided to dissolve your marriage, you might be dreading an ugly, drawn-out court battle. But, fortunately, that might not be necessary. If you and your spouse are candidates for mediation, you may be able to reach a comprehensive marital settlement that you simply present to the court for approval. Mediation allows couples… Read More »

When Will a West Virginia Divorce Court Order Mediation?

The West Virginia judiciary has instituted rules in the family court system requiring parents to mediate parenting issues when they cannot reach agreement. A judge can order mediation during divorce or custody proceedings or when a parent petitions to modify an existing parenting plan. Mediation allows parents to develop a plan that meets the needs… Read More »

What Happens When a Custodial Parent in West Virginia Wants to Relocate?

One of the most challenging issues in child custody arises when a custodial parent wants to move out of state or at a distance that substantially burdens the other parent’s contact with the child. Parents seek to relocate for a number of reasons, including: To be closer to extended family To pursue a new career… Read More »

Keys to Negotiating the Best Parenting Plan in a West Virginia Divorce

If you are going through a custody dispute, perhaps as part of a divorce, it is usually best to negotiate a parenting plan with your children’s other parent. A negotiated settlement of your custody issues allows you greater control over the outcome, whereas litigating the issue in court puts the decision in the hands of… Read More »

What Are the Rules on Spousal Support (Alimony) in a West Virginia Divorce?

When a couple dissolves their marriage, support for a dependent spouse, also called alimony, is often appropriate to prevent financial hardship for one spouse and unjust enrichment for the other. There are several ways to create an obligation to pay alimony: A prenuptial or postnuptial agreement might contain a stipulation for alimony. Couples may reach… Read More »

How Is Property Divided in a West Virginia Divorce?

The leading financial issue in a divorce is usually the division of the couple’s property. But what are the rules in West Virginia about who gets what? West Virginia operates under a principle of equitable distribution, which means the court divides the marital estate in a manner that equitable. There are several steps to the… Read More »