Divorce Former State Trooper, Current Lawyer, Always Comitted to You

Logan County, WV, Divorce Lawyer

It’s not uncommon for the end of a marriage to be emotionally difficult for people. Looking ahead into a new phase of life may seem scary. Our Logan County divorce lawyer is here to help you get through this trying time, secure a fair settlement, and get on solid footing so you can begin again.

Kuenzel Law, PLLC has served people throughout the state of West Virginia since 2010. Call (304) 427-5706 or contact us online today to schedule a consultation. Our Logan County divorce lawyers can meet virtually if that’s easier for you.

Property Division in a West Virginia Divorce

Property division can, depending on the assets of each couple, be an extremely complex process. Fundamentally though, it breaks down into two categories—defining the property and then dividing the property.

Is it Marital Property or Separate Property?

The first step is to decide what property belongs jointly to the spouses, and what belongs exclusively to one of them.

Marital property refers to assets acquired by either or both spouses during the course of their marriage. This includes houses, vehicles, bank accounts, investments, pensions, and more.

It bears noting that defining property as marital does not depend on how often each spouse uses the property. It only matters when the property is acquired. If it was after the wedding date, it would likely be considered marital property.

Separate property, on the other hand, encompasses assets that are not considered part of the marital estate. These assets are typically acquired by one spouse before the marriage, or through gifts or an inheritance. It’s possible a personal injury settlement may be considered separate property.

Separate property remains with the original owner and is not subject to division in a divorce. Marital property will be subject to West Virginia law on equitable distribution.

Commonly Asked Questions

What should I expect during the divorce process?

Initially, one spouse files a petition for divorce, which is then served to the other spouse. Following this, both parties may engage in negotiations regarding property division, child custody, and support arrangements. Mediation is often encouraged to reach amicable agreements. If disputes arise, the case may proceed to court, where a judge will make the final decisions.

Can I get a divorce without going to court in Logan County?

Yes, it is possible to obtain a divorce in Logan County without going to court, particularly if both parties can agree on the terms of the divorce. This process is often referred to as an uncontested divorce. In such cases, couples can work together to draft a settlement agreement that outlines the division of property, child custody, and support arrangements. Once the agreement is finalized, it can be submitted to the court for approval. Utilizing mediation or collaborative divorce methods can also facilitate this process, making it less adversarial and more efficient.

Why should I choose Kuenzel Law, PLLC for my divorce in West Virginia?

Choosing Kuenzel Law, PLLC for your divorce in West Virginia means you will receive dedicated support from a team that understands the emotional and legal complexities of divorce. With years of experience serving clients throughout the state, we prioritize your needs and work diligently to secure a fair settlement. Our approach is client-focused, ensuring that you feel supported every step of the way. Whether you prefer in-person meetings or virtual consultations, we are here to accommodate your preferences.

How Equitable Distribution Works

West Virginia follows the principle of equitable distribution when dividing marital assets during a divorce. The goal of equitable distribution is to ensure a fair division of assets based on the unique circumstances of each case.

It is important to note that equitable distribution does not always result in a 50/50 split, as the court takes into account the specific facts and circumstances of the case.

Any time there’s subjectivity involved—such as a judge potentially deciding what is fair in a property settlement—it’s imperative that your case be presented with as much clarity as possible. Kuenzel Law, PLLC has extensive experience in these cases, and we know what it takes to make a compelling argument on your behalf.

We should further point out that the issue of fault has no bearing on how property is divided. While issues that range from addiction to infidelity may end up being pertinent in child custody, they do not impact the property division.

Call our Logan County divorce attorney at (304) 427-5706 for legal guidance in your settlement.

Spousal Support

When spouses share a life together, they become accustomed to a certain standard of living. Oftentimes, that happens because one spouse earned a larger income while the other spouse did work that didn’t necessarily offer compensation but was no less important to the marriage. Prominent examples include raising children and caring for elderly parents.

The state of West Virginia views both contributions equally and requires that spousal support be paid to allow the lower-earning spouse to continue in the same standard of living that existed during the marriage. Or, at the very least, to ensure that both spouses share equally in any decline in living standards.

Spousal support exists in four different forms:

Permanent: This is awarded when one spouse has a significantly lower earning capacity or is unable to become self-supporting due to factors such as age, health, or other circumstances.
Temporary: Awarded during the divorce process itself. this is meant to provide financial assistance until the divorce is finalized and a final determination regarding spousal support is made.
Rehabilitative: This is generally awarded when the recipient spouse requires education, training, or support to acquire the skills necessary to obtain suitable employment and become self-sufficient.
in Gross: Spousal support in gross involves a specific sum of money awarded to the dependent spouse as a one-time payment or in installments.

The type of support involved and the amount will be dependent on the unique circumstances of each individual case.

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I could never Thank Rob & Jill enough for everything they did for my family. He gave me hope back & took on my case & put my mind at ease. He was honest with me upfront & answered every question I had.

- Ashley J.
Rob exceeded my expectations by far. The result was even more than I could hope for. He treated me with respect and professionalism at every step.

- Kevin W.
I can’t explain what it was but when I spoke to Rob, his passion for law just made my decision for me. He went above and beyond what I expected and we couldn't be happier with the outcome!

- Former Client
Excellent communication. Absolutely the best decision. I got excellent results... great people, honest and they have your best interests in mind.

- Former Client

What Happens With the Kids in a West Virginia Divorce?

It can be one of the most sensitive issues in family law – who will raise the kids? Where will they spend their holidays? Who will make the decisions that arise in areas like healthcare, religion, education, and after-school activities?

West Virginia law starts with a presumption that both parents should share equally in all facets of child-raising. The circumstances of each case may make this impractical—for example, if one spouse lives much closer to where the children go to school. Other circumstances can even make it dangerous—such as those sad cases where one parent has become violent or suffers from addiction.

When necessary, our Logan County divorce lawyer can help you bring forth evidence to rebut the presumption in favor of joint custody. Or, if you believe your parental rights are being wrongly targeted, we can help defend you.

Regardless of how custody is worked out, both parents will be required to contribute to the financial upbringing of their children. West Virginia law provides guidelines for how child support is to be handled. We go over these guidelines with our clients and explain how they apply in each individual case.

Understanding Family Divorce in Logan County, WV

Navigating a family divorce in Logan County, WV, can be particularly challenging, given the close-knit nature of our community. Residents often find themselves dealing with not just the emotional toll but also the complexities of property division and child custody. Our Logan County divorce lawyer understands these local dynamics and is committed to providing compassionate and effective legal support.

In Logan County, local government entities such as the Logan County Family Court and the Logan County Clerk's Office play crucial roles in the divorce process. While we don't partner directly with these entities, we are well-versed in their procedures and can guide you through the necessary steps to ensure a smooth process.

One common pain point for families in Logan County is property division, especially when it involves assets like family homes, which often have sentimental value. Our team is skilled in helping you navigate these sensitive issues, ensuring you receive a fair settlement that respects your emotional and financial needs.

Additionally, we understand that child custody arrangements can be particularly stressful. Our Logan County divorce lawyer is here to help you work through these challenges, keeping the best interests of your children at the forefront. We are familiar with local resources such as the Logan County Child Protective Services, which can provide additional support during this difficult time.

By choosing our services, you select a team that truly understands the unique challenges families face in Logan County. We are here to help you move forward with confidence and peace of mind.

Understanding the Emotional Aspects of Divorce

Divorce is not just a legal process; it's an emotional journey that can significantly impact your life and the lives of your loved ones. At Kuenzel Law PLLC, we recognize that navigating through a divorce can be overwhelming. That's why we prioritize not only your legal needs but also your emotional well-being.

Here are some ways we support you through this challenging time:

Compassionate Guidance: Our team is dedicated to providing empathetic support, ensuring you feel heard and understood throughout the process.
Access to Resources: We can connect you with counseling services, support groups, and financial advisors to help you manage the emotional and practical aspects of your divorce.
Tailored Strategies: Every divorce is unique. We work closely with you to develop a personalized approach that reflects your specific circumstances and goals.
Focus on Children: If children are involved, we emphasize co-parenting solutions that prioritize their well-being and minimize disruption in their lives.

Choosing the right legal representation is crucial. At Kuenzel Law PLLC, we are committed to helping you navigate the emotional landscape of divorce with care and professionalism. Reach out to us today to discuss how we can assist you during this pivotal time.

How Our Logan County Divorce Lawyers Can Help

Attorney Robert Kuenzel has been practicing law for over 20 years. In 2010, he founded Kuenzel Law, PLLC. In those years, he’s earned quite a few positive reviews from those he has served. We hope you’ll be the next person that we can help.

To speak with our experienced Nola family lawyers, give us a call at (304) 427-5706 or contact us online today.

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Former State Trooper. Current Lawyer. Always Committed to You.

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