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Documentation is Key

Whenever you’re involved in a West Virginia divorce, it’s important that you document as much as possible.  You should gather documentation on all accounts.  You should also get a copy of all deeds and property appraisals.  Having documentation and having it organized may be time consuming, but it will help you get ready before you file the paperwork.  Even after you’ve filed, getting organized with your documetation will greatly benefit you in court.  Having proper documentation and having the documentation organized will assist your attorney, whether it’s us or someone else.

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The Importance of Hiring a Divorce Attorney

Divorce is never an easy process. With any type of separation, there are repercussions involved and often times some of them are not good. There is also a period of sadness or regret that may be involved depending on the situation. Dealing with all of these things at one time is hard on anyone but having a Divorce Attorney on your side can help make the situation a little easier. What is the importance of Hiring an Attorney to assist with divorce?

Reduce Stress
One of the most Important aspects of having an attorney involved in a divorce is because it Reduces stress. It is hard for many people to wrap their hands around what is occurring so being able to have an attorney advise them of what is needed is helpful. They work with the individual to get any records, pay statements, income tax returns, and anything else that can help with the divorce proceeding. They will also address any concerns and anxiety a person may have about moving forward.

Save Money
Some divorces are clean and do not have a lot, if any, bickering involved over money. If both parties are in agreement with everything, including finances, it will be considered an uncontested divorce and will cost much less. The attorney will be able to help save money in this case because there is less paperwork involved and many people will not have to go to court for this. If the divorce is contested and the parties cannot agree, an attorney will be able to negotiate with the other parties attorney to get as much as possible for their client.

Avoid Mistakes
There are a lot of mistakes that could be made in divorce proceedings. This is the case many times in an ugly divorce where there is a spouse cheating on the other. An experienced attorney can help people to know what should and should not be done when going through a divorce.

Prior to hiring a divorce attorney, it is a good idea to do as much research as possible. Meeting with an attorney for the first time can be intimidating if a person does not know what to expect. By being prepared, it can save a person the burden of having to meet with several different attorneys before finding the one that best fits their needs.pritt1-cta.png

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Why Hire an Attorney for Family Matters

There are many family matters that become to difficult to handle amongst spouses. Over time, people may grow apart and find they are no longer compatible. If this were to happen and the parties have Disputes over Children and other things that have become apart of their household, they need to Hire an Attorney for Family Matters. Why should they hire a Divorce attorney?

Get a Fair Hearing and Equal Split of Assets
Many people decide to get a lawyer involved so they know things will end up fairly in a divorce hearing. Some couples can decide on the division of assets amongst themselves and there is no argument over anything. This is considered an uncontested divorce and will be less expensive than a divorce where the attorneys have to fight over items in court. This does not just go for tangible items but also finances such as 401K, CD’s, Roth IRA’s, and even debt.

Child Custody and Visitation
If there are children involved, an attorney can advise on custody and visitation. They will offer suggestions to be followed by their client but ultimately they may have to prove in court their client is fit to have custody. Some divorce cases with children involved get very ugly. Private investigators may even be called upon to help with evidence against their spouse.

Child Support
Child support is something that will have to be handled by an attorney. This is based on the income of both parents. The child support that is determined will be owed by the person who does not have custody. During the child support hearing, other financial responsibilities are put in the decree as well such as schooling and extracurricular expenses.

Alimony
Almony is when one spouse will pay for the maintenance and support of the other spouse after the divorce. This generally happens if one spouse does not work or if the other spouse makes significantly more income than them. This is not the same as child support.

Divorce and child support works differently in each state. Some states have laws that do not let people be officially divorced until a grace period has passed. A family law and divorce attorney can answer any additional questions regarding the state you live in and their laws.

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Best Practices for Handling Evidence Gathered on Social Media in Court

Social media platforms like Facebook, Instagram, and Twitter serve a wide variety of purposes. It’s doubtful that those who came up with the ideas behind these sites had the gathering of evidence in mind as one of these purposes, but the reality is that web content such as social media posts, videos, and images can be used to strengthen a case under certain circumstances. Read on to find out about some best practices for using Social Media in Court to find out how this can best be done.

Capture Content in Full
When preserving documents, it’s important to capture content in full. It’s important to archive all available information, including Facebook, about sections, groups, posts, comments, Messages, and friend pages. This helps to ensure that everything is documented in case the post is deleted and provides adequate context for posts or conversations.

Know Where Content Hides
Most social media platforms have many expandable comments and tabs that could contain relevant, but not easily visible, content. These platforms change frequently, though, so it’s essential that legal professionals know where to look for hidden evidence.

Collect Metadata
Any metadata available such as IP addresses, URLs, and timestamps should be captured along with the content. This helps to prove its authenticity.

Stay Out of the Custody Chain
Law firms should not handle the collection of evidence on social media themselves. They should instead find a trusted third-party company or other person to handle the collection to protect the chain of custody.

Document Content Accurately
Be sure to capture each page in such a way that it appears exactly as it did online, as this can help avoid confusion.

Always Work with an Experienced Law Firm
This helps to ensure that the content will actually be useful in court. Keep in mind that not all law offices are skilled and experienced in using social media to collect supporting evidence. Be sure to choose a firm like Pritt & Pritt, PLLC, that understands the best practices surrounding the use of social media as evidence in court cases.hand-cuff-simg-1200x800.jpg

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Hire a Family Law Firm for Prenuptial Agreement Advice

Contrary to a widely-held belief, prenuptial agreements (or prenups) are not just for the wealthy. Whether a client has substantial assets or they’re living from one paycheck to the next, creating a binding agreement protecting those assets is an excellent way to plan for the future. Read on to learn about these contracts and whether it’s necessary to hire a Local Family Law Firm.

Prenups: What Are They?
A prenup is a binding contract that outlines how spouses will divide assets in the event of a divorce. Other financial issues may be covered, including whether a spouse will pay spousal support and whether they’ll be liable for the other’s debts. Typically, spouses must inventory their debts and assets. If they wish to keep their property separate, they can confirm that those assets will remain in the original owner’s name. Prenups are particularly beneficial if a person has property they acquired before the marriage.

What Should an Agreement Include?
In today’s digital world, some spouses choose to include provisions that keep the other person from sharing a case’s details or derogatory remarks online. There’s no universal fit as far as these contracts are concerned, and couples should consider their social and financial situations when creating them. Other terms to consider including are:

  • The use of mediation and other alternative dispute resolution methods during a divorce

  • How business and retirement assets will be handled

  • Whether either spouse will remain in the marital home, and who will pay the mortgage, insurance, and taxes

  • Distinguishing between separate and marital assets

  • Whether either spouse will pay the other’s student loan debt

Is it Necessary to Have a Prenup?
Whether a couple needs a prenuptial agreement depends on their location and their goals. For instance, West Virginia is an equitable distribution state, which means that marital assets will be divided equitably, not necessarily 50/50. Furthermore, separate property like inheritances, gifts, and assets owned prior to the marriage will not be divided. Because of the state’s equitable distribution law, a prenup may help a client protect more of their assets. If a client isn’t familiar with the state’s laws, they should consult an attorney before drafting a prenuptial agreement.