West virginia divorce law children

Family law is the practice of law addressing issues related to the family, in whatever form.

Hourly Rates for Family Lawyers Across the Country

As you will see below, many family law issues overlap and are interrelated. It is often hard to deal with one aspect of family law without dealing with another. Because marriage is a legal contract wherein two people agree to be bound, several legal issues may arise. The law varies from state to state.

Examples include marital requirements, common law marriages not permitted in West Virginia , pre-nuptial agreements, post-nuptial agreements, and ongoing financial support. Some states recognize civil unions between two people of the same sex who agree to take care of one another financially. West Virginia does not recognize civil unions. Legal issues include pre- and post-civil union agreements.


  • Lawyers’ Hourly Fees for Divorce and Family Law.
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  • West Virginia Code.

A comprehensive estate plan is imperative, as the federal government does not yet recognize civil unions. However, it is unknown whether West Virginia will recognize civil unions legally entered to in other jurisdictions. Couples living together, whether same sex or opposite sex, have issues similar to married couples. However, they need extra family law contractual protections, as well as comprehensive estate planning, because there is no entitlement of protection under the eyes of the law in our state. However, they need additional property, financial and family law protections, as well as comprehensive estate planning, because there is no entitlement of protection under the eyes of the law.

Divorce breaks the bonds of matrimony and is regulated by West Virginia law. Divorce issues often includes equitable division of marital property, alimony support , child custody, child support, and name changes. While a name change can be made for any reason, name changes are routine after marriage, divorce, or adoption.

West Virginia Divorce part 1

There are circumstances when a name change can be made without the assistance of a lawyer. Adoption is the process whereby a person legally becomes the parent and guardian of a child born to someone else. The adopting parent is legally responsible for the financial, emotional, and physical care of the child. West Virginia has recognized that grandparents often have visitation or custody rights of their grandchildren.

West Virginia Family Law Help and Advice - WV Family Law Support

This may encompass an area known as psychological parent, which is when a person cares for a child with the consent of a parent, for a long period and has formed an emotional bond with the child. If parents are unable or unwilling to care for their children and a family member or friend does not step forward to help, children are placed into protective custody.

Child custody arises in divorce or legal separation matters. Often parents share legal and physical custody. West Virginia has two types of shared parenting; one is basic which is where one parent has less than overnights with the child. The other parenting type is extended which is defined as both parents have more than overnights with the child.

The amount of time each parent has with the child affects the child support amount. The non-custodial parent is required to provide monthly financial payments to be used to the support of the child. These payments continue until the child attains the age of 18 and has graduated from high school.

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Child support is calculated based on gross income of the parents, number of overnights, and payments of certain costs for the child including: medical insurance, daycare, school tuition and braces. In some cases, minors seek emancipation from their parents before they attain the age of When granted, the minor can make medical, lifestyle, and welfare decisions upon his or her behalf, without parent approval.

If parents have not named temporary guardians in a power of attorney or stand by guardianship document and they become incapacitated and cannot take care of their children, the court must step in and appoint a guardian. In addition, if a guardian is not named in a will, the court must also step in and appoint a guardian. These court proceedings are called guardianship proceedings.

Alimony also referred to as spousal support can be monthly payments to an ex-spouse to prevent that spouse from becoming impoverished through divorce. Lawyers in different states and metropolitan areas report varying policies on charging for initial meetings. See the map above for more examples of attorneys' policies on free consultation around the country. References in this article to survey results come from Martindale-Nolo Research's and divorce studies, which analyzed survey responses from readers who had recently gone through a divorce and had researched hiring a lawyer.

West Virginia Divorce Law

The names of any readers quoted in this article have been changed to protect their privacy. Skip to Main Content. There are several reasons you may be quoted fees outside of that range, including the following: Location. Not surprisingly, lawyers who work in major metropolitan areas tend to charge higher fees than their counterparts in smaller cities or towns.

West Virginia Divorce

Hourly rates also vary from state to state. Hover the cursor over the map below to find other examples of hourly rates around the country.


  • Online West Virginia Divorce Service:.
  • Learn whether children can express their parental preferences in custody decisions..
  • Legal Information: West Virginia.

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