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Barboursville West Virginia Legal Blog

Problems at work and the breakdown of a marriage

From a spouse’s infidelity to couples growing apart over the years, marriages end for many reasons. Sometimes, divorce is brought on by an unexpected problem that arises temporarily, such as a very difficult health condition that is eventually addressed. Or, a marriage may fall apart because of long-term issues, such as a partner’s drug or alcohol problem that they refuse to deal with. Problems at work may also cause a marriage to fail, and there are various ways in which work-related difficulties can affect a married couple and someone who is working through the process of divorce.

Someone who is a workaholic may not spend very much time with their spouse or their kids, and this could cause their partner to decide to end the marriage. Moreover, someone may have an affair with another person at their place of employment, or their job might lead to changes in their personality. Sometimes, people become very stressed out at work and, unfortunately, some bring this stress into their home after their workday ends. For example, someone who had a tough day in the office may take it out on their family members, resulting in domestic violence. Marital problems can also lead to challenges in the workplace.

What are the biggest challenges of international adoption?

Adoption is a wonderful way to welcome a new family member. However, it is not without its challenges. This is especially true if you wish to adopt internationally instead of within the country or within West Virginia. There are some important things you have to know and understand before you embark on this journey. Being prepared for the challenges can make international adoption easier.

According to Adoption.org, one of the first things to realize is you cannot adopt from every country. Plus, each country makes its own rules and regulations that you must follow along with following the rules and regulations of the United States. You will also find the time it takes varies greatly from country to country. Some countries streamline the process and are much faster than others.

Establishing paternity grants children important benefits

Child custody and support arrangements in West Virginia can be complicated if you, as a father, are not legally recognized by the state as the father of your child. Under some circumstances, such as having a child out of wedlock, state law might not acknowledge you as your child’s father. Once your relationship is formally established, you can confer important financial and inheritance benefits to your child, even in the event you pass away.

According to the West Virginia Department of Human Resources, a father will have to take steps to establish paternity if his child is not conceived or born within the confines of marriage. Divorce can also complicate matters. A father might have to get paternity established if his child is born or conceived ten months before a marital separation or a divorce. Legal recognition of paternity can occur any moment before a child reaches the age of eighteen.

Is it worth it to have a divorce attorney during mediation?

Divorce attorneys can assist you in important ways if you end up calling it quits with your spouse before a judge. In some cases though, a couple may try to separate more amicably by forgoing a court proceeding and taking their issues to a West Virginia divorce mediator. However, just because you are not handling your divorce in court does not mean a divorce attorney is irrelevant to your situation.

Remember that a divorce attorney is going to be experienced in family law and will likely know more about your rights than you do. Even in mediation, you should be aware of what you are entitled to so that you do not surrender valuable rights while negotiating with your spouse. And since mediators generally seek to be neutral, retaining your own counsel is a smart option if you want legal advice.

Do not let your former spouse hold you back

Even after your divorce, your former spouse could continue to hold you back in many ways. For example, you would be beholden to the state of West Virginia in many cases to facilitate, as much as possible, the parent-child relationships between your former spouse and any of your children. At Herrenkohl Law Office, we know that people sometimes get opportunities that are too good to pass up. Luckily, there could be a way for you to improve your life and the lives of your children without impediment.

If you were to consider moving to take a job opportunity, to move into more appropriate housing or even to be closer to your own extended family, this could affect the relationship your former spouse has with your children. We often find that the courts recognize that the balance involved between the emotional benefits of dual parental care and the pragmatic advantages of better living situations.

How can I make my medical power of attorney valid?

It is not pleasant to think about you or a loved one becoming so ill or disabled that making medical decisions is not possible, yet it is important to make plans so that you and your family maintain control over your health care choices. Fortunately, West Virginia law provides for people to appoint a medical durable power of attorney (POA) to make medical decisions on their behalf should they end up disabled. However, in doing so you want to make sure the appointment is valid.

According to West Virginia law, when someone signs a medical power of attorney, it should be performed before two or more witnesses. However, those witnesses could be disqualified for a number of reasons. If the witnesses are too young, if they are not at least eighteen years old, their signatures will not be valid.

Changing child support after losing your present income

Life can throw some nasty curveballs, which can include the sudden loss of a job or a physical disability resulting from an automobile accident that makes it difficult to earn income. If your financial fortunes have taken a turn for the worse and you are currently paying child support, you should modify your child support payments in a West Virginia court as soon as you can to adjust to your new status.

According to West Virginia law, child support orders must contain notifications stating that child support is to be paid even if the circumstances of a person change since the support order was made. However, this only means that an order will not automatically change along with the circumstances of the obligor. If you suffer a hardship that inhibits your ability to make payments, you must take steps to have the order changed.

What factors are considered for grandparent visitation?

Generally speaking, grandparents in West Virginia have the right to visit their grandchildren. However, there may be an issue between you and one or both of the parents of your grandchildren that prevents you from seeing them. If this is the case, according to FindLaw, it is usually best to resolve such issues out of court if at all possible. In the event that you are not making any headway by talking things out with your grandchildren's parents face to face, it may be beneficial for all parties to engage in mediation by a qualified professional. 

While it is advisable to pursue litigation only as a last resort, sometimes it is necessary to settle a particular dispute. If you must take the parents of your grandchildren to court in order to protect your rights as a grandparent, the court will rule according to the same guiding principle that applies in all family law cases that involve children: the best interests of the child. 

What is spousal support?

If you get a divorce in West Virginia, the court may order you to pay or your spouse to pay spousal support. This term, according to the West Virginia Legislature, simply means alimony or support paid to help the other spouse meet living expenses. Either spouse may pay it. The court figures the amount unless there is a prenuptial agreement in effect that lays out spousal support terms.

If the court orders spousal support, you may pay or receive it monthly. You also may pay it a one-time lump sum. You will usually pay it from income, but the court may sometimes order the sale of assets to pay for it or award assets as part of the payment or as the whole payment.

Decide to pay child support with time or with money

At Herrenkohl Law Office, we take pride in the fact that we work hard to achieve our clients' goals. We believe that we are some of the toughest divorce lawyers in West Virginia. However, determination alone is not enough to succeed — we also need to truly understand our clients' goals.

If you were going through a divorce, success would be all about what you want. That means you, personally. What is the best situation for your life, right now? Do you want certain items out of your shared property? Do you need certain custody privileges with your children? We know that there are no right or wrong answers to these questions.

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Barboursville, WV 25504

Phone: 304-948-5703
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