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Filing for Divorce in West Virginia: Where to Start

How a Charleston Divorce Attorney Can Assist You


If you are ready to file for divorce, you probably have many questions that you would like answered. How long the divorce is going to take, how much it is going to cost, and what spousal support and child custody arrangements will look like are common worries when it comes to heading into a divorce. However, you should first ask your divorce attorney how to file papers in West Virginia.


West Virginia Divorce Law

West Virginia family law differs from other states, as there are different rules and requirements in place for each state in the U.S. It is also necessary to note that the procedure is going to differ from case to case. Each case is as unique as the person, so it is essential to obtain a divorce attorney who understands your situation. You may need a family law attorney for a complicated child custody case, or maybe you and your soon-to-be-ex want to continue with the divorce without contest. If you are filing for spousal support or you need to ensure that your assets and debts obtained before and during the marriage go to the appropriate party, an experienced lawyer can walk you through the entire process.


With the assistance of your Charleston divorce attorney, you need to ensure that all of your documentation is in order. Your attorney will help you to figure out what paperwork is required and how you can obtain it. 


In West Virginia, you are going to need a visual statistics form, a financial statement, a case information statement, a petition for divorce, and other possible paperwork. If you have kids, you will need to get a form for child support income withholding, as well as a parent education registration form. You can download these documents from the West Virginia Supreme Court of Appeals website or visit the Circuit Clerk’s office.  


As West Virginia is a no-fault divorce state, your only options for the cause of separation are a one-year separation or for irreconcilable differences. You must show proof that you and your spouse were married in the state of West Virginia, as well as if either you still live in the state. Additionally, you must be a resident of West Virginia for a minimum of one year. 


Divorce Questions 

Before submitting your paperwork, now is an excellent opportunity for you to hire an attorney who can navigate the process of divorce with you and ensure that all documentation is handled correctly. Additionally, your lawyer can navigate you through the entire process by guiding your next steps. Asking questions will allow you to see how your lawyer plans on handling your case and help you better prepare for your court date. If you have any concerns in regards to safety, finances, or other conflicts that may arise, now is the time to tell your lawyer as well. 


Contact Bradford Law Offices 

Tim Bradford is a divorce attorney with years of experience in divorce and family law cases. He will fight for you and your children, and ensure that you get what you deserve. Contact Bradford Law Offices, PLLC today to set up a consultation.

Top 3 Questions to Ask Your Divorce Attorney

How to Better Understand Your West Virginia Divorce. 


Divorce is a process that is often the last resort for most couples. Once you or your spouse determines that current living conditions are no longer acceptable, the necessary next steps can feel like a whirlwind. 


The assistance of a West Virginia divorce attorney can aid in the stress and uncertainty of divorce. Experienced lawyers have been through the process, time, and time again and should know how to handle your situation best. However, you do want to ensure that you obtain the representation of a lawyer that you are comfortable with and feel as if they will fight for your rights. 


If you believe that you have found the right divorce lawyer to take on your case, you should ask certain questions to keep the lines of communication open. These questions will also help you to get a better understanding of what you should expect throughout your working relationship. Consider asking your attorney the following:


Have you worked on cases that are similar to my situation? Can you explain your process to me? 

There is nothing wrong with being cautious when you are entering into a divorce. Asking your lawyer if they have experience in cases similar to your situation can help you determine if you are choosing the right lawyer for you. For example, if you have children and are going to need to work out custody arrangements, your lawyer needs the expertise to represent the rights of you and your children. The same goes for spousal support, property division, and other aspects of divorce that come into play. Be confident in discussing the entire process with your divorce lawyer. If something does not sound quite right to you, ask questions to determine if that is how you want your case to be handled. 


What information or documents do I need to gather? Will you guide me on what to do next?

An experienced divorce attorney will tell you what you need to obtain to get a fair divorce. Your lawyer must be able to navigate you through the entire process by guiding your next steps. Asking this question will allow you to see how your lawyer plans on handling your case. If you have any concerns in regards to safety, finances, or other conflicts that may arise, now is the time to tell your lawyer as well. Make sure you ask how they plan to handle such situations and what you can expect from them and the divorce process overall. 


What should I expect in my divorce hearing? 

Most lawyers will prep you on what to expect in your divorce hearing. Your lawyer and your spouse’s lawyer will do most of the taking, but it is a good idea to prepare yourself for questions that may come from the judge, or conflicts that could arise in the courtroom. If you have safety concerns in regards to seeing your spouse or if you have any questions at all heading into the final proceedings, now is the time to ask your lawyer. 


A divorce is never easy, but choosing a lawyer who is on your side and will fight for you can help you through it. Tim Bradford has years of experience in divorce and family law cases. Tim understands that each case is unique and that your situation should not be taken lightly. 


Contact Bradford Law Offices to set up your free consultation with Tim to discuss your case and develop a course of action.