Winfield Equitable Distribution Attorneys
West Virginia abides by “equitable distribution” laws (the equal distribution of marital property and assets during a divorce, separation, or annulment of marriage). This means that the courts will divide marital property equally between both parties, regardless of fault for the split. In cases involving high-value assets, multiple properties, and other complexities, retain an attorney to protect your rights. Johnson Law Office can help with these legal proceedings in Winfield, WV.
How Do the Courts Divide Property?
In West Virginia, the courts do not usually look at fault for the split. This means that even if one spouse committed adultery, he/she still retains the right to 50% of the marital property. However, the courts may decide to alter this arrangement by assessing different circumstances:
- One party contributed to the acquisition, maintenance, or increased value of the property via monetary contributions. Contributions may include employment income, funds in the form of separate property, and other earnings.
- The extent to which each party contributed to the property via homemaker services, childcare, and labor performed without compensation (i.e., in a family business or one in which both parties have interests).
- The amount of effort each party put into the marriage, in a manner that limited or expanded the other party’s ability to earn. For example, if one party paid for the other to attend college.
You may agree with your spouse on different property division terms, which may ultimately be to the client’s advantage because it prevents both parties from paying for excessive attorney’s fees. At Johnson Law Office, we want to help you through property division actions in Charleston. Contact us for a family law consultation.