Divorce often comes with many changes that can impact one’s life. West Virginians who are going through a divorce may have to make difficult decisions when it comes to common divorce matters like property division. Dividing marital property, which may include the family home and other sentimental and valuable items can cause much contention between the divorcing parties. Fortunately, there are laws in place to guide one through the process of dividing assets.
Equitable distribution
West Virginia is an equitable distribution state, not a community property state. This means that all marital property is subject to a fair, though not necessarily equal, division. Some couples can work out property division through negotiations. If it’s possible to come to a property settlement without court intervention, the divorce process can be finalized in a timelier manner.
When a couple can’t agree on how to divide all assets, the court will hear testimony and consider evidence to determine how things are to be divided. The property will not necessarily be divided equally. The court will consider many factors before deciding. These factors could include marital fault, custody of children, income and earning capabilities of both parties and any economic misconduct.
Seek legal advice
When one decides that divorce is inevitable, it’s important to seek advice from an experienced West Virginia family law attorney. Dividing property, deciding on a parenting plan, and making other divorce-related decisions can be incredibly stressful. Having access to legal advice and knowing one’s options and obligations can ease some of that stress and help one prepare for life after the divorce is over.
