Finances are a major consideration for anyone preparing to file for divorce in West Virginia. If you’ve been married for a long time and hold a retirement account with substantial funds, you may wonder what happens to the money. Does your spouse collect half?  A West Virginia divorce attorney can help you understand which assets are subject to division, make a financial plan for divorce, and settle arrangements like child and spousal support.  Are Retirement Accounts Marital Property? In West Virginia, any assets acquired by either spouse during the marriage usually count as marital ..read more

Being convicted of criminal offenses in West Virginia may come with harsh penalties like a prison sentence and heavy fines. A criminal record could stain your reputation and change your life forever. No justice system is perfect, and if you believe your conviction was unfair, you may have options to appeal your case. A skilled criminal defense attorney in West Virginia can let you know whether you have grounds for an appeal and what outcome you may expect. Possible Reasons for an Appeal Usually, people may appeal their case if the conviction has legal issues. These may include the following si ..read more

The aftermath of a car accident can seem like a nightmare. One moment, you were perfectly healthy, and now you might be in the hospital with broken bones or injuries requiring surgery. You might have to take time off work or lose your job because you’ve suddenly become disabled. If you’ve been in a wreck, one of the smartest things you can do is call a car accident lawyer from Arnold & Bailey. Below, a car accident attorney explains mistakes to avoid after a car accident to boost your chance of a higher settlement. Don’t Talk to the Insurance Company Many of our clients only call us after ..read more

“Out of your vehicle. Now,” the cop demands. Your heart pounds as he shoves you into the back of his car. Now what? Are you going to jail? If you find yourself in this unpleasant situation, your actions can seriously impact what happens next. What you say and do could make the difference between walking free and spending days (or longer) behind bars. A criminal defense attorney explains what you should and should not do if a police officer puts you in the back of their car. Stay Calm No Matter How Mad You Are It is tempting to argue with the police if they accuse you of a criminal offense, es ..read more

If you’ve ever watched a courtroom drama, you might have heard attorneys use the term “circumstantial” to describe a piece of evidence that is inherently unreliable and cannot be used in court to establish someone’s guilt. However, despite its relative unreliability, circumstantial evidence is admissible.  Here is how to discern the difference between direct and circumstantial evidence, including an overview of when circumstantial evidence can be used in a criminal trial.  Direct Evidence vs. Circumstantial Evidence  Direct evidence is when an eyewitness testifies to something t ..read more

Divorce can often be a contentious process. Not only do you have to figure out matters like child custody and property division, but you also need to determine what’s necessary to begin the process. Many people wonder if they need to gather evidence of fault before filing for divorce in West Virginia. Ultimately, it depends on whether you’re filing for a no-fault or at-fault divorce. A qualified divorce attorney can explain the differences and help you determine how to proceed. No-Fault Divorce or Irreconcilable Differences Marriages break down for all sorts of reasons. There doesn’t need to b ..read more

In 2021, there were 766 serious injuries related to car accidents in West Virginia, according to the Federal Highway Administration. Car accident injuries are painful and often life-altering.  If you were in a car accident and suffered injuries, you may be able to seek compensation. It’s essential to understand your options. A West Virginia car accident attorney can help you file a claim for the appropriate damages.  Seeking Damages for Car Accident Injuries in West Virginia If you were in a car crash caused by another driver, you can seek damages. Before you know what type of d ..read more

A criminal record can make finding housing and acquiring credit extremely hard. Employers can deny you a job based on what they find in your background check. It can even affect your love life. Potential dates may run a background check on you, see your record, and run for the hills. What Is Expungement? If the court agrees to expunge your record, it is essentially the same as sealing or erasing it. That record won’t show up on a background check, which means the public won’t be able to view it. You typically will not have to disclose that you were arrested or convicted of a crime. Given that ..read more

Going through a divorce in West Virginia can be incredibly stressful, even when both spouses agree it’s the right time to split. One way to make the process easier is to opt for mediation over a divorce trial. During mediation, you and your spouse will attempt to handle marital property division in a way that’s fair to both of you. If you’re wondering how assets, debts, child custody, and spousal support are divided in mediation, here’s what to know from a West Virginia divorce attorney. Is the Property Separate or Marital? During mediation, you must confirm whether the law considers your prop ..read more

Divorce can be an emotionally taxing process, especially when children are involved. For parents, nothing is more significant than ensuring the well-being and future of their children. Custody matters often take the forefront in these cases, and in West Virginia, recent legal changes have transformed the landscape of child custody arrangements. Here are key aspects of these changes and offer insights on how to navigate the new legal framework. 1. Prioritizing Children in Divorce: When couples seek consultation regarding custody matters, it’s evident that their primary concern is the well-being ..read more