Divorce

Divorce

West Virginia Divorce Lawyer 

A divorce touches nearly every aspect of your life. Two incomes become one income, retirement planning is affected, debts must be paid, and child custody must be determined. 

How can a person remain financially secure? Bradford Law Offices, PLLC can help you through this life-changing event and navigate the problems that come with it.

 

Division of Property

The division of property is one of the main functions of the family court. Separate and marital assets are determined and divided. What you may consider being separate properties could be marital property. Vice versa, what you think to be marital property could be separate assets that the court may not distribute to your spouse. Therefore, it is crucial to have the guidance of a divorce attorney in Charleston, West Virginia, who has extensive knowledge in property division.  

 

How West Virginia Family Lawyers Help Divide Property 

Here at Bradford Law Offices, we want to make sure that your marital assets are split accordingly and that your separate assets are left untouched. To do this, we can help you divide belongings into three categories:

  • Marital property: Includes all earnings during the marriage and anything purchased with said earnings. These can include bank accounts that are in both or individual names, real estate held in the name of only one spouse, the pension or 401k of your spouse, and more.

 

  • Separate property of one spouse: Anything that is awarded to a single spouse. For example, gifts, inheritance money, awards for compensation, or a pension that was secured before marriage.

 

  • Property purchased with a combination of both: A mixture of both marital and separate property, but only when a spouse can prove that separate funds were used in the marriage.

Your divorce attorney will ensure that there isn’t any unnecessary wasting of marital property when dividing assets. For example, spouses sometimes attempt to give substantial marital assets to relatives to avoid distribution by the court. With the help of a family law attorney, a court will sometimes give credit to the harmed spouse for these given away assets. There are legal rules that the court will use to determine whether an asset is marital or separate. The family court has the power to order assets to be sold, including the marital home.

A West Virginia divorce lawyer will ensure that the rules are followed to the letter of the law and that you get the best possible outcome.

 

Division of Debt

The family court cannot extinguish your debts, but it can order a party to pay a debt. Still, there are times when a debt in the name of only one party can be a marital debt. Your divorce attorney can help you determine what is a marital debt and what is a separate debt, and to understand the rules on debt distribution.

 

When Does a Separate Debt Become Marital Debt?

There are several conditions, but the main thing to keep in mind is the necessity of the purchase. A court may decide a debt incurred by one spouse applies to both if it was a family necessity. Often, the definition applies to children or a joint home. For example, taking out a loan to repair your property could be determined to be a marital debt.  Using a credit card to gamble could be determined to be a separate debt. 

 

Spousal Support

Your spouse may owe you either temporary or permanent spousal support. Every divorce case is different, so whether or not spousal support will be awarded is determined by multiple factors. The family court can award alimony on a temporary or permanent basis, depending on the circumstances.

 

What You Need to Know About Spousal Support

Spousal support isn’t a foregone conclusion. A family law attorney can help to prove that the finances of both spouses are equal or almost equal. The family court considers factors such as fault and length of the marriage, as well as financial need, age, health, and ability to pay when determining whether to award spousal support. 

 

Child Custody and Support

Divorce can become more complicated when trying to make arrangements for child custody and support. Obtaining a child custody and support attorney is essential, as they will show that you have the best interests of your child at heart, and are the primary caregiver. If you are not the primary caregiver, your family law attorney will still help you to navigate the case and ensure that the child’s best interests are considered.

 

Contact Tim Bradford 

Tim Bradford of Bradford Law Offices, PLLC  is an experienced divorce attorney with knowledge and experience iin property division, alimony, child support, and child custody in Charleston, West Virginia. 

Tim has the knowledge to fight for you and your children to ensure the best possible outcome.  Contact us today to schedule your evaluation and further discuss your case. 

The sending of this form is not intended to create, and receipt of it does not constitute, an attorney-client relationship.