If you are divorcing and you or your spouse own a business, the process of ending the marriage is both a personal and professional one. Thus, emotions can run high, and livelihoods can be on the line, so it is crucial to understand the legal process and strategies involved. Critical considerations for business owners In West Virginia, a business created during the marriage is typically marital property, subject to division between spouses. However, a company is not like a bank account or treasured heirloom; you cannot just divide it in half or give it to one person. There are several key facto ..read more

Alternative dispute resolution methods in West Virginia can provide a more streamlined and potentially less stressful experience than traditional litigation. Divorce mediation offers a collaborative approach wherein a neutral third party facilitates communication between spouses to reach mutually agreeable solutions regarding child custody, property division and other important considerations. Divorcing couples can benefit from exploring the key benefits of seeking a divorce resolution through mediation, as it is a good option for most people. Cost-effectiveness Divorce litigation can be finan ..read more

Dividing marital property is a major challenge during a divorce. Spouses in West Virginia have the right to an equitable share of the marital estate. If they do not have a pre-existing agreement with one another discussing how they intend to share marital property, spouses can negotiate a settlement or take the matter to family court. Assets that have more overall worth, and those that play an important role in someone’s daily life, can easily trigger conflicts during divorce negotiations. Frequently, assets that are valuable enough to require financing may lead to conflict between spouses. Fo ..read more

The process of preparing for divorce usually involves a thorough review of one’s marital estate. Divorcing spouses in West Virginia deserve an equitable share of marital property and may be partially responsible for marital debts. Spouses typically make thorough financial disclosures to one another and potentially the courts. Unfortunately, sometimes people review financial records and realize that there has been some type of misconduct. Maybe one spouse intentionally wasted marital property or sold marital assets for only a small portion of their fair market value early in the divorce process ..read more

Co-parenting after a separation or divorce isn’t always easy. Most parents must work together as much as possible to provide an atmosphere which enables children to thrive. This approach requires patience, communication and a willingness to compromise. The goal is to ensure the children receive consistent support and love from both parents. Focus on the children The cornerstone of effective co-parenting is maintaining a child-centered approach. This means making decisions with the children’s best interests in mind rather than letting personal differences between parents take precedence. It’s e ..read more

People often find the idea of filing for divorce a bit intimidating. Most adults have heard at least a few stories of divorce gone wrong, including scenarios in which someone cannot get a divorce despite desperately wanting to end a marriage. The idea that a spouse could prevent someone from securing a divorce is a frustrating and potentially frightening one. Some people would rather not file for divorce at all than face the prospect of filing without being able to actually end the marriage. While it is true that there are scenarios in which one party could defend against a divorce filing, tha ..read more

West Virginia, like a majority of other states in the country, has an equitable distribution statute. Couples preparing for divorce typically need to either settle property division matters themselves by reaching an agreement or go to court. A judge hearing a litigated property division case should look at an inventory of marital assets and debts, consider the unique and relevant factors from the marriage and then decide what happens with property acquired during the marriage. The asset people often focus on the most during a West Virginia divorce is the home where they live. Someone’s residen ..read more

Divorce used to be a rare occurrence among older couples. In fact, for the longest time, when people thought of divorce, most envisioned a young couple. This was until the late 1900s, when older couples started to dissolve their decades-old marriages in much greater numbers than ever before. Why has there been such a drastic shift? These changes seem, in part, inspired by women’s evolving status as emotionally and financially independent and society’s evolving tolerance for divorce. Changing societal norms and expectations In the past, societal expectations often dictated that couples should s ..read more

Divorces later in life have become more common in recent years. Many people realize that they have grown apart after years of marriage. They may decide to divorce before they retire or early in their retirement years so that they can enjoy their golden years to the best of their ability. The issue holding many people back from pursuing their best lives during retirement is the possibility of economic hardship. Most married couples share retirement savings, and people worry about losing those resources when they divorce. Yet, the following steps can help people minimize the negative impact of d ..read more

The more resources married couples share, the more they have to disagree about during a divorce. Some couples in West Virginia have marital agreements clearly outlining how they intend to divide their property if they divorce, but most couples must settle those disagreements during the divorce process. If the matter goes to court, a West Virginia family law judge will apply the state’s equitable distribution statute to marital assets and debts. Spouses who dislike the uncertainty that comes with litigation always have the option of settling with one another outside of court. To do so, they mus ..read more