Not all divorces end amicably. When spouses disagree on key issues like asset division or child custody, the divorce becomes contested. West Virginia courts often step in to settle these disputes through legal proceedings. Learning about this process can help you prepare for the road ahead.
What makes a divorce contested?
Disagreements in a contested divorce might involve how to divide marital property or who gets custody of children. West Virginia law requires the court to step in and resolve these disputes when parties cannot reach an agreement on their own.
Compared to an uncontested divorce, these cases take longer and may involve more legal procedures. You will likely need to attend court hearings where a judge makes final decisions on disputed matters. As such, it can help to understand how the state makes decisions related to divorce.
How does the court divide property in West Virginia?
West Virginia follows equitable distribution laws for dividing marital property. This means the court begins with a presumption that all marital property is split equally (50/50). A judge may adjust this distribution if specific monetary or non-monetary contributions show an unequal split is fairer. Judges consider factors like the length of the marriage, each spouse’s contribution to marital property and individual economic circumstances.
Separate property that you owned before marriage typically remains yours. However, proving what qualifies as separate property requires proper documentation. The court will examine all your assets, including real estate, retirement accounts and personal belongings.
What factors determine child custody?
When spouses disagree about custody, West Virginia courts apply a presumption that equal (50/50) shared parenting time is in the child’s interests. This presumption can be overturned if a parent provides compelling evidence that an equal split would harm the child. Judges will evaluate multiple factors during this process:
- Each parent’s relationship with the child
- The child’s adjustment to home and school
- Each parent’s ability to provide care
- Any history of domestic violence or substance abuse
The judge may order a custody evaluation to gather more information about your specific situation. In some cases, the child’s preferences might influence the decision. Under West Virginia law, a child who is 14 years of age or older has the right to express which parent they wish to live with. While the court gives this preference serious weight, the judge always retains the ultimate authority to override a teenager’s wishes if the choice does not serve the child’s true best interests.
Preparing for divorce proceedings
Contested divorces in West Virginia often take longer than uncontested ones. Most contested divorces require several months to over a year to finalize. The timeline depends on how many issues remain in dispute and whether you reach settlements along the way. It’s important to be aware of how these distinct state factors impact your case.