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32 Search Results for "Equitable Distribution"

January 31, 2019

Financial Disclosure in Divorce: Get it Right!

...d Mr. Hunter’s instructions for completing my financial affidavit and our “Equitable Distribution Spreadsheet”. In regard to marital assets and debts, I understand the basics of the “WV Doctrine Of Equitable Distribution,” especially the fact that the Court will presume that any asset or income generated by the efforts of either party during the marriage and before separation is jointly owned. I understand that property I owned before our marriage...

November 20, 2011

What Burt Has to Say to His (Divorce and Custody) Opponents

...sal to accept the reasonable rules that govern your case. They include: 1. Equitable Distribution. We are not a community property state. Your spouse does not automatically own everything you own. But it is strongly presumed that any property, including “my retirement” accumulated during your marriage is owned 50%-50%. So, if you want your wife to be a stay at home wife or mother, realize and appreciate that she will raise the children, maintain y...

January 31, 2011

Can Lawyers Collaborate to Their and Their Clients’ Benefit?

...of abstraction. Currently, we have a several step process to copy from the equitable distribution spreadsheet and paste it into the settlement agreement. I’m working on combining the live spreadsheet data with the structured data with form clauses: change the value of an item, and the settlement agreement dynamically changes the offsetting payment; change the distribution of an item, and the settlement agreement changes too. The other big feature...

March 15, 2014

FAQ

...h as age, health, work history, and length of marriage are very important. Equitable Distribution of Assets and Debts West Virginia’s property law appeals to “common sense”; not all divorce laws do. A legal “presumption” is something the Court is likely to “presume” without your having to prove it. The presumption is that any property acquired during the marriage by the efforts of either party is owned 50/50% by the parties. This includes retireme...

August 30, 2013

Why Should My Lawyer Know Technology

...to draft pre-trial memos and orders. 11. Lawyers who use Excel can create equitable distribution spreadsheets of his client’s debts and assets, prepared a proposed distribution, and show the client how close his proposal, or the other side’s, it to a 50%/50% split. 12. Lawyers who use Dragon can dictate less formal documents on the fly with “voice to print”. 13. Lawyers with Pathagoras document assembly can fill in questionnaires and e-mail clien...

July 27, 2014

My Areas of Legal and Geographical Practice

...sues; Abuse issues; Access to records; Adoption; and Domestic violence. d. Equitable distribution of marital assets and debts, including retirement assets and real estate. e. Alimony and Spousal support; f. Modification of Court Orders. g. Relocation disputes, to other counties, states, and countries; and h. Contempt matters. 4. Mediation. I represent parties in mediation involving any of the areas listed above, and I will conduct mediation as a c...

August 10, 2022

What Don’t I Know? How Can I Find it?

...iving will Obesity Religiosity 4-H Club and Ohio County Collegiality Ethics Unbundled (legal services) Limited Scope Representation Divorce Right of way Promissory estoppel Boundary Line Child Custody Contempt Modification Mediation Alternate Dispute Resolution Alimony Equitable Distribution Legal Separation Estates Elder Abuse WV “Conservator” or “Guardianship” Legal disability Adoption child neglect Assault Battery Appeals Magistrate Family Cour...

February 14, 2016

The Maze of WV Child Custody Issues – Just Dropping Crumbs Won’t Get You Out

...guy!” Family courts hear almost all divorces, including parenting issues, equitable distribution of assets and debts, children’s issues, non-domestic violence restraining orders, alimony, and attorney’s fees. When parties negotiate successfully, family court approves parenting plan agreements and property settlement agreements. I discuss “non-domestic violence” restraining orders in previous blog articles. One is “Senate Bill 430: The Bill No One...

March 24, 2010

The Nuts and Bolts of Family Court

.... Access to records; e. Child support; f. Spousal support (or alimony); g. Equitable distribution of property and debts; h. Whether a restraining order should issue; i. Attorneys fees; and, j. Temporary issues such as possession of a car or house. 8. Persons seeking relief after the petition and answer have been filed, often file “Motions”. 9. Typical motions are “A Motion for Temporary Relief”, “Expedited Motion for Temporary Relief”, “Motion for...

February 19, 2021

Family Law in WV: A Deep Dive

...ave a prenup were not properly informed or educated about West Virginia’s “equitable distribution” and “alimony” statutes. Knowledge of that law can effectively protect both parties. Since I know that the disadvantaged party, under current case law, needs to consult a lawyer before signing a prenup and since I know the parties MUST prepare itemized financial disclosures, NO ONE yet has been willing to pay me for the work needed properly to complet...