Huntington, WV Divorce Lawyers
Huntington, WV has a relatively high divorce rate. As per the most recent census data, 11% of Huntington residents are divorced, which makes it the city with the 15th highest divorce rate in the state.
If you are a Huntington area resident who is planning to file for divorce or if you have already been served with divorce papers, the experienced Huntington divorce lawyers at Hardy Pence PLLC can help you.
We bring over 100 years of combined legal experience to the table and successfully have handled a wide range of highly complicated divorce cases over the years. We can provide you with the legal advice, guidance, and emotional support you need and take all possible steps to achieve the best possible outcome in the most amicable manner possible.
Fault and No-Fault Divorce in Huntington, WV
West Virginia is a hybrid state which recognizes fault as well as no-fault divorces. The grounds for a fault divorce include adultery, cruel or inhuman treatment, alcoholism or drug addiction, child neglect, child abuse, desertion, insanity, and felony conviction.
It should be noted that mere allegations of misconduct cannot be considered grounds for a fault divorce in West Virginia. You need to prove your spouse’s misconduct with the help of clear and convincing evidence.
To be able to file for a no-fault divorce, you are not required to prove your spouse’s fault or misconduct. You are only required to inform the court that you have irreconcilable differences and no longer wish to live together.
Marital Property Division in a Huntington, WV Divorce
West Virginia uses the principle of equitable distribution to divide marital property. What it means is that your marital property will be divided between you and your spouse in a fair and equitable manner – which may or may not be an equal split – depending on the circumstances.
Under West Virginia law, any asset that you or your spouse acquired while you were married will be considered marital property. Any asset you owned prior to your marriage and any asset you inherited or received as a gift during your marriage will be considered separate property.
Key factors that the court will take into account while dividing your marital property include:
- The monetary contributions made by each spouse towards acquiring, maintaining, and increasing the value of the marital property.
- The non-monetary contributions made by each spouse towards acquiring, maintaining, and increasing the value of the marital property.
- Whether one spouse made efforts to increase the other spouse’s earning capacity.
- Whether one spouse did anything (out of negligence or intentionally) to depreciate the value of the marital estate.
Alimony Determination in a Huntington, WV Divorce
Key factors that the court will take into account while deciding the amount and duration of alimony include:
- The length of the marriage.
- Current income and earning capacity of each spouse.
- Age and health condition of each spouse.
- Whether one spouse acted as the primary custodian of the children during the course of the marriage.
- Whether one spouse gave up their career in order to manage the household.
- The marital standard of living.
During the course of the divorce process, the court might ask one spouse to pay temporary spousal support to the other. Once the divorce is finalized, the court might award rehabilitative spousal support (to be paid until the recipient can sustain themselves), spousal support in gross (a set amount of money to be paid in a lump sum or in installments), or permanent spousal support (to be paid for the lifetime of the recipient) – depending on the circumstances.
Rehabilitative spousal support is the most common type of spousal support awarded in West Virginia.
Child Custody Decisions in a Huntington Divorce
Family courts in West Virginia generally prefer to grant shared and equal custody, so that both parents can remain involved in their child’s life and contribute to the child’s wellbeing.
If you and your spouse can come up with a parenting plan on your own, the court will usually approve of it – as long as the plan is in the child’s best interests. If you are unable to do it on your own, the court might ask you to work with a mediator. If you still cannot come to an agreement, the court will make a decision based on the child’s best interests.
The court will consider a number of factors including the child’s relationship with each parent, the current income and financial situation of each parent, the physical and mental health condition of each parent, the child’s relationship with each parent’s family members and relatives, whether either parent has an addiction problem, whether either parent has a history of domestic violence or abuse, and more.
If the child in question is 14 or older, the court might also consider their preference while making a custody decision.
Proven and Trusted Huntington, WV Divorce Lawyers in are Ready to Represent You
At Hardy Pence PLLC, we know that divorce cases can be extremely distressing and emotionally draining for the parties involved. It’s why we go the extra mile to protect our clients from unnecessary stress and try to resolve all the issues in an amicable manner. At the same time, if a combative approach is the only option left, we will not hesitate to take your case to court and put our extensive trial experience to work for you.
We have over 100 years of combined experience with in-depth legal knowledge, skills, and connections. We can handle every divorce and family law matter most effectively no matter how contentious and complex it might be.
Call us today at 304-345-7250 or contact us online for a consultation with one of our seasoned Huntington divorce attorneys.