No-Fault Divorce Lawyer Charleston, WV
No-Fault Divorce Lawyer Charleston
No-fault divorces are easier, cheaper, and faster than fault, or contested, divorces. Going forward with a no-fault divorce means you and your soon-to-be ex-spouse agree on the terms and conditions of the split. If you and your spouse have considered filing for a divorce for some time, a no-fault action might be the ideal solution. However, think long and hard before deciding that any type of divorce is right for you. When you’re sure about your decision, come to Johnson Law Offices for assistance in Charleston.
About No-Fault Divorces
In order to qualify for a no-fault divorce in West Virginia, a couple must have the proper grounds for filing: either 1) irreconcilable differences or 2) voluntary or involuntary separation for at least one year. If both parties can not agree to irreconcilable differences and have not been living separate and apart for a year, the other spouse may oppose the divorce. In such cases you would need to incorporate other grounds for divorce that must be proven such as adultery, domestic violence, emotional abuse, conviction of a felony, alcoholism, or drug abuse.
In a divorce case, either an attorney or spouse can file the paperwork. Paperwork includes the divorce petition, summons, civil case information sheet, BCSE information, vital statistics, financial statements, income tax statements, proposed parenting plan (if you have minor children), and your filing fee. File these forms with the Kanawha County Clerk’s office if you live in Charleston. Keep copies of these documents for your records. From there, the courts will contact you about your divorce proceedings.
When to Hire an Attorney
Its always best hire an attorney to protect your interest if your budget allows, even in a no fault divorce when both husband and wife agree upon all aspects of the divorce and child custody. Often, many unforeseen issues exist that only an attorney could advise you of your best options. Regardless of your financial situation, the several hundred dollars you spend to consult with a lawyer is well worth the money. A lawyer can be a significant asset in any divorce.
We recommend retaining an attorney if your spouse has one. Contact Johnson Law Offices for a consultation today.