Experienced Divorce Lawyer

Understanding the Divorce Process and Services in West Virginia

Once the decision to divorce has been made, there’s a lot to be done. You will want to choose the right lawyer to help you navigate the divorce process and, if necessary, fight for what you need. If you are looking for a divorce lawyer in Charleston, West Virginia, the lawyers at Pritt & Pritt Law will advocate for you throughout the divorce process and will help to ensure that your divorce is a new beginning.

CONTESTED VS. UNCONTESTED DIVORCES

Divorces can be contested or uncontested. If you and your spouse do not agree on property division, child custody, or other issues, it’s a contested divorce. This means the court will need to make these decisions for you. If you both decide on how everything will be separated, child custody and child support issues, this is an uncontested divorce. Your lawyer will help you create the divorce paperwork to file with the courts, the court will approve the divorce, and it will be finalized. Your lawyer will be prepared to help with both contested and uncontested divorces, walking you through every step of either type to get to the end of the divorce process and to help you move forward with your life.

Divorce Petition

The divorce process begins with a petition. As you are initiating the divorce, you will need to send a divorce petition to your spouse and give them a period of time to answer the petition. If they agree with the petition or if they do not answer, the petition is considered valid and the court can often finalize the divorce following the terms of the petition. This would be an uncontested divorce. If your spouse responds to the petition and issues counter-demands, you will need to go through mediation or the courts to solve the issues and determine the terms of the divorce. This then is a contested divorce and your lawyer will help you throughout the mediation or litigation process to get to the point where the divorce can be finalized.

Discovery Process

If your spouse did not agree to all of the terms in your petition, the next step is the discovery process. You and your spouse will need to share any important information that is related to the divorce. Your lawyer will look into your spouse to see if there is anything they may not be forthcoming about, such as hidden money. They will also look for anything else that can be useful to help you in the divorce, such as information on a prior arrest, domestic violence accusations, or their ability to provide a safe environment for your children to live.

Negotiation

Before going to court, you sometimes will need to negotiate the terms of the divorce with your spouse. This gives you and your spouse the chance to work out all of the details of the divorce and make sure you agree to everything that will be court ordered when the divorce is finalized. Your lawyer will represent you through this process and negotiate with your spouse’s lawyer on your behalf. The goal here is to try to come to an agreement about every aspect of the divorce, but it’s possible this will not happen. In these cases, the next step is to go through litigation and have the courts determine the outcome. Common topics discussed during the negotiations include property division, child custody and support, spousal support, and asset divisions.

Property and Asset Division

All marital assets need to be divided between you and your spouse. The goal is for an equitable division of the assets. This doesn’t mean equal, and the assets may not be evenly split down the middle. Instead, negotiations are typically done to determine who gets the home, which spouse gets the vehicle, how money in the bank accounts are split, and what happens with pensions or retirement plans. All of these assets can be used as leverage regarding other topics that need to be decided for the divorce.

Child Custody and Support

Child custody and support are often the biggest concerns during a divorce. Your lawyer will help negotiate for a child custody plan that is best for your child and that is designed to make the divorce as easy as possible on your child. Child support is typically determined at the same time to ensure both parents are sharing the cost of supporting the child. Calculation for child support can be complex, but your lawyer will work with you through this process and explain how much you may receive or may be required to pay, depending on your situation.

Spousal Support

If you or your spouse were a stay-at-home parent or made significantly less money than the other, spousal support may be an option. In this instance, the spouse who makes more money would pay spousal support for a period of time to help with the adjustment to being divorced. Whether this applies in your situation or how much the spousal support might be will vary based on the details of your case, which your lawyer will go over with you.

After the Divorce is Finalized

Even after your divorce is finalized, it may be necessary to speak with your lawyer again. The divorce may need to be amended or there may be something new that could change how the case would have been done. If you need anything after the divorce is completed, your lawyer is ready to help you. They’ll be available to discuss any changes that are needed to help you with moving forward.

If you’re considering a divorce, make sure you get help today. A lawyer at Pritt & Pritt Law can advocate for you throughout the divorce process, explain everything that’s happening to you, and help you get the results you want from the divorce. They’ll help to make sure the divorce is not the end for you, but that it’s a new start and you’ll be ready to move forward when your divorce is done.

Contact the Firm Today for Your Evaluation

If you are looking for an attorney that will offer you individualized and customized counsel, as well as one-on-one attention, call Pritt & Pritt Law. Our experienced West Virginia divorce lawyers will aggressively and compassionately fight for you, bringing you effective solutions, in or out of court.