Category: Uncategorized

What happens at the point when you begin to be dishonest with the courts?

The court is going to for the most part not take you seriously when it comes to everything else you have to say if you are found to be dishonest. I’m not saying that people don’t get away with lying in court. Sometimes they do unfortunately, but it’s a very risky move and it’s not a good idea at all. The next thing to do when you’re getting ready to go to court is to think about the kind of questions that you think might be asked in court. Then think about what the answers to those questions are. By practicing this step, once you get to the point where you’re in court, you’re not as likely to be mixed up when the questions are actually asked. The next thing I would strongly suggest that you do is listen to the questions and only answer the questions that are asked.

What’s a big problem I see sometimes in court?

A big issue I see in court is when people start answering questions that have not even been asked. Do not start answering questions that have not been asked at all. When that happens, you go down this so-called rabbit hole and you’re getting into all these other topics. It’s not going to go well for you if you make a habit of doing that. Just think about the question that was asked and answer the question only. The judge is going to appreciate it a lot. I think the judge is more likely to find in your favor if you’re sticking with answering the questions that are asked. The judges for the most part have a lot of experience and they’re going to sense when you’re trying to avoid a question. The other thing that I think you should do not do is exaggerate. Now, this is kind of related to the other point I was making about lying or being dishonest. You also should not exaggerate when you’re talking about things in court and you’re being asked questions. Just stick with the facts. Just listen to the question and answer it. Don’t try to embellish. Don’t try to make something out of nothing. Just answer the questions. When you do that, you’re going to look like a normal, sane person to the judge. There’s a good chance that if the other person is not doing that, then the court is not going to look as favourably upon them. These are some basic tips Today I have for you in the event that you’re going to a final contested hearing.

These financial statements are your personal list of everything you own. You also have to list your personal expenses in the event that alimony or spousal support is going to be an issue. It’s very critical that you list every last piece of property that you have, whether you think the court should divide it or not. The name of the game is everything needs to be disclosed.

What Do I Need To Disclose in Financial Statements?

You need to include any real property like your house, vehicles, bank accounts, retirement accounts, even include your personal property like your clothes for example. Now, you don’t have to necessarily specifically list out every single item you own, but you do have to say what you think all of your personal property is worth all together.

You are listing everything out and then the court is making a determination. We’ve talked before about whether a property is considered to be marital property or non marital property, however, everything is supposed to be disclosed and listed.

What Happens If I Don’t List Everything in The Financial Statements? 

The reason it’s so important to list everything is because I’ve seen situations where people have not listed all of their property and it then gave the other person the right to come back and try to open the case back up.

Let’s say you haven’t listed something and it’s something that could be potentially valuable and your former spouse. If they found out about it, they could potentially use that to open up the case. If you want to make sure the case runs efficiently as possible, then it’s very important that you list all assets. Not only is it the right thing to do, but it’s in your best financial interest to do so.

You should just write down every last piece of property that you have. This would be included in the financial statements.

What About Putting a Value of My Property and Personal Assets?

It’s also important you do your very best to make sure that the values are accurate that you listed on there. This doesn’t mean you have to go out and get an appraiser or somebody like that to appraise it, but you’ve got to do your very best to try to list what you think the value is of all property and what your personal expenses are as well. Those are some basics about what you should list whenever you’re filling out a financial statement.

Remember to make sure you disclose everything. It’s critically important so that you can make sure that the case runs as smoothly as possible. These are some of the basics about completing financial statements and the importance of properly filling out the financial statements for your divorce.

You could actually have a situation where West Virginia could have jurisdiction over the divorce, but they might not have jurisdiction over your children. For Example: A couple separate in Ohio, and let’s say the wife takes the kids and comes to West Virginia for a few months where they were married originally.

As you probably remember from yesterday, West Virginia would have jurisdiction to hear the case in West Virginia under that circumstance. They would have full jurisdiction over the divorce because they were married there. However, they wouldn’t necessarily have jurisdiction over the child custody matter, which could really complicate things.

  Does The Court Look At How Long a Person Lived Out of West Virginia?

As a general rule of thumb, a court usually during their initial determination about child custody is going to look at where the children lived for the last 6 months. That’s the general rule of thumb when it comes to people who are initially getting divorced and the child is older than six months of age.

It gets really complicated in situations where people move around a lot, but the general rule of thumb is it’s where the children lived for the last six months. Let’s say in our scenario that the kids had been in Ohio for the first 10 years of their life or 11 years of their life, and they happened to move to West Virginia. West Virginia would not gain jurisdiction until they’ve been in West Virginia for six months and nobody’s filed anything.

Those are some basics about child custody jurisdiction, but I just wanted to go over these today and give you some of the basic information, so you’re better prepared.

There’s really two basic ways to do this. Number one, both people have lived in the state of West Virginia for a period greater than one year. If both of you have lived in West Virginia for a period of greater than one year, then you can get a divorce. The other way that you can get jurisdiction over a divorce and West Virginia is if you were married here, and you or one of you happens to live in West Virginia. Let’s say that you separate and then one of you comes to West Virginia where your spouse and you decided to have been married here, then you can get a divorce in West Virginia.

 Is It Possible For Two States To Have Jurisdiction?

It’s really important that you ask some basic questions prior to filing because you’re going to waste a lot of time and a lot of money fighting over jurisdiction in the event that you don’t get it. Sometimes it becomes very complicated.

Let’s say that you were married in West Virginia, but you and the other person decides they’re going to file in another state. Is it possible for two different States to have jurisdiction? Those are some of the things that you need to be thinking about and knowing some of these things could help you try to minimize and keep the costs down the best you can.

What we’ve talked about here is the basics in terms of jurisdiction for actually filing for a divorce. Some other issues are involved. For example, what court do you file in? Let’s say the state of West Virginia has jurisdiction, but you have to determine what actual court for filing in. The other issue that sometimes comes up is jurisdiction over the kids. That’s a completely separate topic and we can dive into at a later time. Those are some of the basics about jurisdiction of filing for divorce in West Virginia.

Does Everyone Need To Follow Court Orders?

Everyone has to comply with a court order and if they are found to be in contempt, the court has several options as to what can do as far as penalizing you for not following through on the orders. They can award the person, the other ex’s attorney fees. In some instances, they can even incarcerate a person, although that’s not a common practice. Being in contempt of court can come down to anything at all that you can think of where a person might be ordered to do something. Such as paying alimony, paying child support, not cooperating and enforcing the parenting plan the way it’s supposed to be enforced. All of those things are things that can be brought up in a petition for contempt. It’s really important that you don’t sit on your rights when it comes to enforcing certain things.

What about other parenting situations where the courts can enforce an order?

Let’s say the two of you are taking care of everything with the courts for a while, then consistently for longer than 6 months, the other party is going contrary to the parenting plan. Then what can happen is the other person could argue that there is in place what’s called a de facto parenting plan. As soon as the person is in violation of the order, it’s very important that you make sure that they know that you do not agree with what they’re doing and that they need to do whatever it takes to comply with the order of the court.  To summarize, what you need to do in the event that somebody is not complying with the court order is to simply file a petition for contempt. You go before the judge and the judge decides what to do. That’s a pretty good overview of this issue for you today.

Does My Ex Always Have a Right To My Estate and Elective Shares?

If you are not wanting to have your ex have any rights to your elective shares, then you can choose to add language into a prenuptial agreement that relates to totally excluding the ex from an elective share. There are certain things that can certainly be included and you can technically put in whatever you want into a prenuptial agreement. The issue becomes what parts of the added language the West Virginia court is going to enforce and what parts a court is not going to enforce. Generally a court is not necessarily going to uphold any kind of agreement when it comes to child support or child custody. The court is going to do its own analysis, asked you what’s going to happen with the children in the event you do get divorced and part ways.

What are some things that the court would most likely seem valid?

Things that clearly would be considered in a valid prenuptial agreement would include things such as spousal support, how property is going to be divided and things of that sort. It’s really important that you look at the prenuptial agreement if you’re going through a divorce and see what it covers and see what it doesn’t cover. One of the things that you always need to keep to keep in mind whenever you’re going through a divorce and you have a prenuptial agreement is what the specific language was when you were actually putting the agreement together. Another issue that sometimes comes up is whether a prenuptial agreement is even valid. As a general rule of thumb in West Virginia, it’s very difficult to override or invalidate a prenuptial agreement. There are certain ways to potentially fight it. For example, if both people did not have an attorney participate in some way in the drafting and creation of the prenuptial agreement, that’s a way that you can possibly fight it. If you have a legitimate claim that you were on some sort of medication that interfered with your ability to understand the prenuptial agreement, that could be a potential way to invalidate it. But as a general rule, it’s an uphill battle if you want to invalidate a prenuptial agreement. It’s very hard. These are some basic things about prenuptial agreements in West Virginia divorce that I wanted to go over with you.

Is There More To a Prenuptial Agreement?

 There’s a lot more to it, but I just wanted to give you some basics. An easy way to look at a prenuptial agreement is to think of it as essentially an agreement that serves in the role of a property settlement agreement. That’s going to outline to the court what the two of you wanted at the time that you got married. Just so you know, as for the most part, a court’s going to uphold the property settlement agreement.

Updated: 02/27/2020

What types of decision making are there when it comes to children?

There are really two types of classifications of decision making when it comes to the children. There’s what they call the day to day decisions in the West Virginia divorce process and then there’s what they call major decisions. Major decisions are things like religion, where they go to school, driving a car, major medical procedures. Things like that are considered to be major decision for you and your spouse’s children. Day to day decisions are the decisions such as whether you can take them to the movies or whether you can make them certain things to eat. An example would be if you want to feed them food such as mac and cheese, pizza, or whatever. That’s how it’s done. It’s done a little bit differently depending on the type of decision making. Generally speaking, one of the parents is not going to get to micromanage (with some exceptions from time to time) what the other parent does with their time.

Which parent has the right to make major decisions for children after a divorce?

When it comes to major decisions, the court is going to be very specific as to whether it’s going to be a joint decision or not. Child care might be one of the major decisions and the court will make a decision on that. It’ll either be a joint decision, or it’ll be allocated to one person or another. I’ve had cases where one parent might be solely responsible for medical decisions and then the other person might be solely responsible for just the child care. It really depends on the situation. I can tell you in most of the courts that I appear in, as a general rule of thumb, unless there’s a very compelling reason, major decisions are going to be considered to be joint decisions between both parents.

What about the day to day, less important decisions?

The day to day, less important decisions are usually going to be with whoever the child is with at the time. I wanted to give you a basic rundown in terms of how decision making regarding children works. It’s a completely separate analysis than who gets the kids and when, so those are two different things. That’s the most important thing for you to remember. They’re totally separate, and just because you have your child or children the vast majority of the time doesn’t mean that you’re going to be able to make major decisions without talking to the other parent. Well, there you have it, the basics of how the decision making process regarding children after West Virginia divorce works.

Updated 03/17/2020

An uncontested divorce in West Virginia can allow you a smoother path to legally separating from your spouse. Divorces have a reputation for being extremely difficult and for leaving people both emotionally and financially devastated. While a divorce can be upsetting, it doesn’t have to turn your life upside down in every way. An uncontested divorce allows you and your spouse to take a reasoned approach to separation, making the process simpler for both of you. In West Virginia, an uncontested divorce offers a simplified approach to divorce that can save you money, and could help to keep things civil.

What Is an Uncontested Divorce?

When you divorce, there are two primary options for how to do it. In a contested divorce, the couple does not agree on the terms of the separation. They might have different opinions and wishes relating to child custody and child support or distribution of their assets. When the couple can’t make these decisions together, it is left to the court to make such decisions for them.

An uncontested divorce is when both parties agree to how everything will be separated and on child custody or support arrangments. When this happens, a lawyer can help the couple to create the necessary paperwork and file it with the courts.

The Benefits of an Uncontested Divorce

An uncontested divorce can offer several benefits to both parties. When you can agree on the conditions of your divorce, the process can happen a lot quicker. It can also be less expensive because you don’t have to spend as much time reaching a final decision on the terms of your divorce.

An uncontested divorce helps to keep the peace between the divorcing spouses. If you can make decisions together without having to argue that either of you should get your way, you can reduce the hatred and resentment that can come with a divorce.

What Happens in an Uncontested Divorce?

If you want to file for an uncontested divorce in West Virginia, you either need to have been married in the state, and either you or your spouse still lives in West Virginia, or you need to have lived in the state for at least 12 months if you were married elsewhere.

Your two options for filing for an uncontested divorce are to:

1. File a divorce petition and settlement agreement on your own

2. Get help from an attorney when filing for your divorce

To file, you will need to provide a Petition for Divorce, Civil Coversheet, Vital Statistics Form, Financial Statement, and Stipulated Agreement. Several additional forms will need to be filed if you have children under the age of 18. You will also need to attend a parent education course and a hearing before a judge.

How Your Family Law Attorney Can Help

Pritt & Pritt Law are divorce lawyers in Charleston, West Virginia, who want to help you and expedite your uncontested divorce, if possible. We’re experienced in family law cases, spousal support issues, and other concerns that may or may not arise while going through the process of divorce. We’re here to guide you and assist you in filling out and filing the necessary forms needed to move forward. Contact us today to set up a consultation.

Updated: 02/27/2020

Going through a divorce is one of the most stressful periods that someone can go through in his or her lifetime. Adding pressure to ensure that your children are taken care of in your divorce plan, however, can be the straw that breaks the camel’s back if not handled properly. The need for a divorce attorney in West Virginia is crucial, but obtaining counsel who understands child custody and support along with the importance of your children’s well-being is invaluable.

Divorce is not black and white. An educated family law attorney will help you to navigate the divorce process and comprehend what needs to take place for a beneficial custody agreement to be arranged. Before you hire an attorney, you will need to do the following:

Do Your Research

The best way to start your search for a child custody attorney is to ask for recommendations. Do this by seeking advice from trusted peers, search for local divorce lawyers online who specialize in family law and look at their reviews from previous clients, and don’t hesitate to call law offices to talk with the staff about the services that they offer.

While conducting your research, look for cases that lawyers have represented that are similar to your situation. What type of experience does the lawyer have? How many years has he or she been practicing family law? Does he or she specialize in child custody and support? The more research you conduct, the more confident you will feel about selecting a divorce lawyer to represent your case.

Understand Your Situation

Gather any important documentation that you may need, get your finances in order by obtaining your own banking account, and know your case. Questions that often arise are whether or not you will need spousal support or if you will have a place to live once the divorce is finalized. Though your divorce attorney can help you sort through these questions, you need to understand that your children are the priority in these questions and you must set aside any conflict that you and your current spouse are having. Don’t let money drive you in the decisions that you make for your children and do not let revenge shape how you plan to raise them from here on out.

Since each scenario is different, safety may come into play. You need to find a child custody attorney sooner rather than later to be advised on the next steps to take and how to handle your situation. As long as you understand that you are in need of a lawyer who will fight for your rights and has the best interest of your children in mind, you are on the right track.

Set a Budget for Representation

As you start to finalize your search for a child custody attorney, make sure you have set a budget not only for your everyday finances but for legal representation as well. Do the finalists require a consultation fee or are the initial visits free? Do the lawyers work on retainers or do you pay by the hour? Don’t be afraid to ask these questions before you meet with any lawyer; when they sit down with you to review your case, they will need to know your financial situation as well as anything that pertains to your divorce and your children, so it is best to be open and honest from the start.

Go to Consultations

Many law offices offer free limited consultation sessions to potential clients. If possible, go to as many of these consultations as you can, as long as they are free or the fees do not break the bank. You need to find a lawyer who not only has experiences with cases like yours but can connect to your case. Look for personality qualities such as people skills, how he or she communicates with you, and overall genuine traits like compassion. If your lawyer won’t fight for you, no one will. You want to choose one who you feel is right for your case.

Trust Your Lawyer

Once you select your child custody attorney, trust him or her to lead you in the right direction. Your lawyer will inform you on what documentation is needed, how to handle conflicts that may arise, and what is needed to finalize child support and custody rights after your divorce.

If you are searching for a child custody lawyer who puts family first and understands that you do, too, you’ve come to the right place. Pritt & Pritt is here for you and will fight to get the best child custody agreement possible for you and your children.

To set up a free consultation, please call us at 304.720.4412 or simply send in a contact form via our website. We look forward to speaking with you soon!

Divorce is a process that many couples experience in West Virginia. As a result, individuals with children are either co-parenting with their ex-spouse or have taken on the full responsibilities of a single parent. When those divorced parents are ready to date again, they may one day decide that they want to get married and start a new life with another individual. The person they marry becomes their child’s new stepparent and the biological parent, in turn, becomes the stepparent of their partner’s children if he/she has any of their own. This is what is known as a blended family.

Blended families are common in West Virginia. If the blended family adjusts well to one another and finds that they accept each other as true relatives, the parents and children may consider making the family “official” in the eyes of the law.

According to West Virginia state law, adoption is “when someone other than the birth parents asks a judge to give them all the legal rights and responsibilities of a parent.” The most common form of adoption is called stepparent adoptions, where the stepparent of their stepchild and assumes all financial and legal responsibilities of that child. If a stepparent is ready to adopt their stepchild, this means that the person asks him/her for permission to adopt the birth parent’s child as their own, along with other legal requirements being met.

To do so, a stepparent must file an adoption request with a West Virginia Circuit Court. From there, the Circuit Court Judge decides whether or not to proceed with the adoption case.

It is important to note that the biological parent who claims to be the father or mother of the child will need to revoke or give up his/her parental rights in order for a stepparent adoption to take place, or in the alternative have their legal rights terminated. This is a significant event for not only the stepparent and child but for the blended family as well.

Acceptable reasons for stepparent adoptions include:

• The biological parent agrees to the adoption

• The biological parent gives up their parental rights

• The Circuit Court Judge takes away the rights of a parent

• The biological parent abandons the child

• The biological parent is dead

After the correct paperwork is filed, the Circuit Judge will usually get the case placed on the docket.

Once the adoption process has successfully been completed, it’s time to celebrate! The stepparent now has a new member of the family who can assume his/her last name if need be and feel accepted as part of the family.

The family will need to apply for an amended birth certificate and documents as needed, as the parents and now-adopted child will need such paperwork in the future.

There are other terms and conditions that are specific to each case, so it is best to contact your West Virginia adoption lawyer for clarification since each case is unique. Remember, generally, consent of both biological parents is required unless a circumstance prevents the parents from not being involved, such as their parental rights being taken away, death, in the event that the mother does not know who the father is, etc.

Contact Pritt & Pritt Law to discuss your case. Our team of lawyers will fight for your rights and the rights of the child, no matter which side of the situation that you are on.