West Virginia Divorce Attorneys 

Sometimes, differences between spouses are entirely irreconcilable. If you and your spouse are considering divorce, make sure you do so with the help of a family law attorney.

As a custody and divorce attorney in Winfield, WV, Johnson Law Office understands that your divorce can involve much more than just ending your marriage. Divorce cases in West Virginia can be complicated, especially when they involve children or high-value assets. We can help you navigate the state’s divorce laws with ease. Family law is what we do best.

Whether you need help with child support, legal separation, dissolution, orders of protection, or any other divorce or family-related legal issues, we are here to walk you through it step by step. If you have any questions regarding the process and the long-term effects that a divorce might cause on all involved, look no further for your assistance than a law office that cares.

Divorce Laws in West Virginia

Divorce cases look different in every state. In West Virginia, both parties have the right to file for divorce. The rules for filing will differ depending on the circumstances of the dissolution of marriage. For example, a couple who mutually desires a divorce will experience a different process than in a contested divorce case. There are many grounds for divorce in West Virginia, including:

• Irreconcilable differences
• Voluntary separation for at least one year
• Cruel or inhumane treatment by either party against the other
• Adultery
• A felony conviction
• Permanent and incurable insanity
• Habitual drunkenness or addiction to drugs
• Willful abandonment for at least six months
• Child abuse or neglect by either party

You must meet the state’s residency requirements to file for divorce within the state. At least one spouse must have been a state resident for one year unless you married in West Virginia. 

One can file for a fault or no-fault divorce. In a fault divorce, one spouse is filing because the other did something wrong to cause the split, such as abuse or adultery. In a no-fault divorce, both parties are living separately or mutually cite irreconcilable differences.

What are the steps to filing a divorce?

If you meet the residency requirements for West Virginia and have legally accepted the grounds of divorce, you can begin filing for a divorce.

The first step will be to file divorce papers and then have copies sent to your spouse. Your spouse will then have to fill a response to the divorce petition. A West Virginia divorce attorney such as ourselves will be able to help you with this process so that all the right information is included in your petition for it to be considered by a judge.

Some divorces are amicable, but there may be cases where a partner doesn’t want a divorce or disagrees with certain conditions. This type of divorce is known as a contested divorce. In such cases, these issues will have to be sorted out before the divorce can move forward. We can help you sort out these issues, if necessary.

The divorce process may include dividing property, setting up financial support from a spouse, or deciding custody of children. This is something that we can also help you with as well.

Fault vs. No-Fault Divorces

Divorces can fall into two categories – fault and no-fault divorce.

A fault-based divorce occurs when a sole spouse is accused of being directly responsible for the end of a marriage. Common grounds for divorce in this instance include cruelty, adultery, and willful abandonment.

A no-fault divorce occurs when neither spouse is accused of being responsible for the end of the marriage. There may be irreconcilable differences, or the two of you may have been living apart for more than a year without acting as a married couple. 

Whether you choose to opt for a fault-based divorce or a no-fault divorce, we can offer the support you need. Both types of divorce can be difficult – we aim to take some of the stress away. 

Why choose us?

We have helped many couples in Winfield, West Virginia navigate the divorce process. With our extensive knowledge of divorce law, we can help you with any queries and successfully guide you through every step of the process.

Johnson Law Office was founded by Michelle Johnson – an attorney-at-law and resident nurse with 20 years of experience under her belt.

Get in Touch

No matter the circumstances of your divorce, contact Johnson Law Office for legal counsel.