Entrust Your Case to an Experienced Barboursville Divorce Lawyer
Cabell County attorney pursues favorable financial terms for spouses
Even if you feel comfortable about ending your marriage, the divorce process is not easy. While you deal with the emotional strain, financial issues and parenting concerns must be handled effectively. With offices in Barboursville and Beckley, Herrenkohl Law Office delivers strong representation to West Virginia spouses at a difficult time. I am attorney Amy Herrenkohl, and I am a respected family law attorney who takes the time to understand clients’ goals, then works diligently to achieve them. You can count on me to provide knowledgeable counsel on key issues such as custody, child support, property division and alimony.
Knowledgeable advocate advises on the West Virginia divorce process
The decision to dissolve a marriage does not come easy for most people, but with the right guidance, you can manage the process in a way that fits your circumstances and values. I will provide personalized counsel on issues that might affect you, such as:
- Residency — When a couple was married in West Virginia, either spouse can file for divorce as long as one lives within the state. For marriages that occurred elsewhere, state courts have jurisdiction if at least one party has resided in West Virginia for a year or more.
- Grounds — Someone seeking a divorce does not have to allege that their spouse has committed any type of marital misconduct. You can file for a no-fault dissolution by simply declaring that there are irreconcilable differences between you and your spouse or you have lived apart for at least a year. Fault-based grounds such as adultery and cruel treatment are available as well.
- Military divorce — Families where one or both parties serve in the armed forces make a substantial sacrifice and might face challenges related to residency in different states, division of military benefits and proceedings involving a spouse who is deployed overseas. My firm is proud to offer the exceptional military divorce representation and service that these clients deserve.
The marriage dissolution process starts with the preparation of a divorce petition, financial statement and other documents. Spouses with children must submit a parenting plan and make arrangements for child support. No matter what your situation entails, I will walk you through each step of the process and advocate for an outcome that puts you in the best position going forward.
Skillful negotiator handles property division matters
During a divorce, the financial ties that have grown over years of marriage must be broken, which could lead to conflict. Nearly all assets acquired once the parties have wed are considered marital property, which is subject to division when the legal relationship ends. If you and your spouse cannot agree on how to treat assets such as the family home or car, West Virginia courts use the state’s equitable distribution standard to allocate property and debts. This means that the judge looks at each spouse’s monetary and non-monetary contributions, along with other factors, and decides what is fair. The outcome does not always involve splitting the value of the marital estate evenly, so it’s important to work with an experienced family lawyer who will aggressively advocate for a proper result.
Attorney assists parents on custody and visitation issues
Parents who divorce are required to submit a plan to the court that covers how they would like to address child custody issues. One aspect of a parenting plan relates to decision-making authority, which is often shared, even if the child lives primarily in one home with one parent. I work closely with parents to understand what parenting-time arrangements work best and look to reach an agreement that creates a supportive environment for young people. However, sometimes this is not possible and it’s necessary to demonstrate in court what is in a child’s best interests. My firm creates comprehensive proposals concerning legal and physical custody and also advises on issues pertaining to grandparent visitation if a dispute exists that prevents grandparents from seeing their grandchild.
Legal counselor helps to draft enforceable premarital agreements
Prospective spouses who are concerned about their financial stability in the event that their marriage ends in divorce should consider a prenuptial agreement. I work with West Virginia residents to establish fair, clear documents that can cover matters such as alimony and property division terms. With more than three decades of family law experience, I have the knowledge and sensitivity to establish an enforceable prenuptial agreement that helps parties avoid costly litigation if the relationship does not work out.
Contact an aggressive West Virginia divorce lawyer to learn about your options
With offices in Barboursville and Beckley, Herrenkohl Law Office handles divorces and related matters for West Virginians. For a consultation regarding your case, please call 304-948-5860 or contact me online.
