An Experienced and Compassionate Divorce Lawyer
Let Recht Law Offices help you move forward
Divorce is never easy. It's one of the most challenging transitions you'll ever face, especially if children are involved. It's at once a legal matter, a financial matter and a deeply personal change that's between you and your spouse.
We can help. Recht Law Offices was founded in 1952 to help families in Weirton and throughout West Virginia navigate difficult times. Divorce attorney Elisa Recht Marlin has the experience and compassion needed to help you resolve your divorce fairly and amicably.
The divorce process in West Virginia
Filing for a divorce in West Virginia requires that at least one spouse be a resident of the state for at least one year. If the marriage took place in West Virginia, that requirement is waived.
Under West Virginia law, a "no-fault" divorce may be granted if the spouses have lived separately for a full year, whether due to the voluntary act of one party or mutual consent of both spouses. A "no-fault" divorce can also be granted due to irreconcilable differences.
A "fault" divorce can be granted for one of several reasons:
- Cruel or inhuman treatment by one spouse against the other.
- A felony conviction subsequent to the marriage.
- Permanent and incurable insanity.
- Habitual drunkenness or drug use.
- Willful abandonment or desertion for six months.
- Abuse or neglect of a child of one or both spouses.
Once one spouse has filed a Petition for Divorce citing one of those legal reasons, the other spouse receives papers by service. The court then needs to decide a number of issues related to the divorce, including:
Some couples may choose to file for separate maintenance instead of divorce. The process to do so is similar, and an action for separate maintenance can include all of the same provisions as a decree of divorce other than the divorce itself.
West Virginia's laws governing divorces, separations and annulments are complex. So are the circumstances surrounding your divorce. That's why you need an experienced and versatile family law attorney on your side.
Reach out to Recht Law today if you're considering a divorce. We're always available to discuss your situation and your legal options. Contact us at 1 (877) 321-7324.