Frequently Asked Questions

All family court cases require a disclosure of financial information.  Divorces generally require information regarding income, expenses, assets and debts.  Custody or modification cases generally require income and certain expense information.  The file below contains a  lists the general documents that I will need to prepare your financial disclosure.  Not all documents are required in every case.  Likewise, additional documents may be required in certain cases.  This list is intended to provide general guidance for new and prospective clients.  

• Most recent two years tax returns
• Most recent pay stub
• Most recent retirement account statements (quarterly)
• Most recent bank account statements (monthly)
• Schedule of health insurance premiums available to you (individual, family, children)
• Year, make and model of all vehicles  
• Kelly Blue Book private party value for each vehicle
• Copy of your driver's license
• Any recent appraisals for real property
• If either party is seeking spousal support, a detailed list of your current and projected living expenses.   

If certain documents are not available to you due to separation or otherwise, we will obtain such documents during the discovery process.   The monthly budget can be filed as a supplement to the financial statement.   to this item.

We hate to give you the typical attorney answer, but we have no choice:  it depends.  The primary factors that determine the length of your case are whether an agreement is reached, which county the case is located and the complexity of your case.  If a final agreement is reached early and both parties have attorneys, then a case may be finalized in less than 60 days.  If a case has multiple disputed issues and proceeds to trial, then a typical timeline is 6 to 12 months.  

Well, here we go again: it depends.  Some judges will permit an agreement to be submitted to the Court without a hearing if both parties are represented by counsel.  The parties and counsel would be required to sign all documents prior to submission to the Court.  

No, West Virginia does not require parties to live separate and apart for any specific length of time prior to filing for divorce. In fact, one party can file for divorce while you reside in the same residence. 

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The initial or preliminary hearing is held approximately three to six weeks from when the petition is served, depending on the docket of the county where the case is pending.  At the hearing, the Court will decide the temporary issues of parenting time, child support, spousal support and the maintenance of the marital assets and debt until the divorce is final. 

if a case cannot be resolved by an agreement, the the Court will decide all disputed issues.  In West Virginia, the final hearing in family court is a bench (not a jury) trial.  Therefore, the family court judge will decide your case.  The issues in dispute most commonly include equitable distribution, custodial allocation of the children, child support, spousal support and attorney fees.