Family Law
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Effective Legal Guidance In Family Law Issues

Family Law

Legal issues involving families are difficult and full of emotion. Whether you are facing a divorce, a custody battle or another family legal issue, you need an experienced attorney who understands the family court environment. Herrenkohl Law Office will protect your interests and provide you with advice you need to make the best decisions for you and your family.

A Smoother Path

Working with an established and seasoned family law lawyer can make a huge difference in the outcome of your divorce or other family law matter. At Herrenkohl Law Office, we can assist you with:

  • Divorce
  • Military divorce
  • Custody
  • Division of marital debt
  • Division of assets
  • Division of retirement accounts
  • Relocation of a parent
  • Grandparents’ rights
  • Spousal support
  • Child support
  • Adoption
  • Prenuptial and postnuptial agreements

Accurate Division Of Assets In Divorce

The family court will review all of your assets at the time you file for divorce. Assets will be considered, either a marital asset or a separate asset. Marital assets are equitably divided, and separate assets are not divided.

To maintain full interest in an asset, it must be labeled a “separate asset.” This is an asset that a spouse owned prior to marriage, received as a gift, received by inheritance, purchased with separate assets and/or was acquired after separation. There are many exceptions to this rule.

Frequently spouses do not agree as to whether an asset is marital or separate property. It is our goal to maximize the assets our clients receive in a divorce. Assets that are frequently divided include:

  • Real estate
  • Vehicles
  • Privately held business interests
  • Bank accounts
  • Stock accounts
  • Pensions and retirement accounts such as a 401(k)
  • Hidden assets

West Virginia Child Support Facts You Need To Know

Child support is a formula based on both parents’ gross income. Factors that may alter or affect the amount of child support may include:

  • Health insurance costs
  • Day care expenses
  • Unusual and reoccurring child-related expenses
  • The number of overnights allocated to each parent

Shared Parenting Versus Extended Shared Parenting

A shared parenting child support obligation will typically be greater than child support owed in an extended shared parenting plan. The formula recognizes that the more time a parent spends with a child will mean more day-to-day expenses incurred by that parent. Therefore in cases where the child spends 128 or more nights with a parent, that parent will pay less in child support. It can be broken down this way:

  1. Shared parenting is when one parent has less than 128 overnights with the children annually.
  2. Extended shared parenting is when both parents have 128 or more overnights with the children each year.

Customized Visits: Deciding What Is Best

During and after a divorce, you need to retain your rights to “parent” your children and protect your interests in a visitation schedule. At Herrenkohl Law Office, we take the time to understand your individual needs, as well as the needs of your children. We will work with you to decide what is best for your family in custody, shared parenting plans, extended shared parenting plans or other customized options.

For a list of what to bring to your consultation, click here.

Getting The Service And Advice You Need

Call today to schedule a consultation. During your initial consultation, we will help you define issues in dispute, the outcome you want and the way to get there.

Herrenkohl Law Office will look at the facts and will determine reasonable expectations for your case. We are dedicated to representing your best interests. With offices in Barboursville and Beckley, we are convenient to you. Call us today at 304-948-5703 to schedule a consultation. Or email us. We can help.