Divorce & Separation
Marriage is a legal and business union as much as it is a romantic one. Because marriage is a legal and business arrangement, it may be wise to consult with an attorney at The Law Offices of G. Wayne Van Bibber & Associates, PLLC at either our Charleston or Hurricane locations about the advantages of premarital and prenuptial agreements.
Many couples find it helpful to work through financial issues and the potential disagreements such issues can create before entering into a marriage.
Divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce restores an individual's right to marry someone else. The process also legally divides marital assets and debts and determines the care and custody of the children.
In West Virginia the overwhelming majority of divorces are granted on the grounds of irreconcilable differences. This is West Virginia's version of a no fault divorce. Choosing to proceed on irreconcilable difference does not mean you are agreeing on anything other than the reason for the divorce. The parties are still free to contest all issues and present their evidence.
In most divorces, the primary issues to be decided are alimony or spousal support, property division, and, if there are children, child custody, visitation, and child support. When spouses agree on how to resolve these issues, they can usually obtain a divorce quickly. However, in many cases, divorcing spouses have disputes regarding their post-marriage financial arrangements and the care and custody of their children. Property division and alimony are often hotly contested issues in divorce proceedings, but the early advice of a Family Law attorney at The Law Offices of G. Wayne Van Bibber & Associates, PLLC at either our Charleston or Hurricane locations may be able to impact the ultimate result favorably.