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The Role of Fault in WV Alimony (WV Code 48-8-104)
WV Code, Section 48-8-104 Effect of fault or misconduct on award of spousal support In determining whether spousal support is to be awarded, or in determining the amount of spousal support, if any, to be awarded, the court shall consider and compare the fault or misconduct of either or both of the parties and the… View Article
Factors in Determining Alimony (Spousal Support), The WV Statute, Sec 48-6-301
Section 48-6-301 Factors considered in awarding spousal support, child support or separate maintenance; (Note: Feb. 10, 2012. J.B.H. This is WVa’s alimony statute.) (a) In cases where the parties to an action commenced under the provisions of this article have not executed a separation agreement, or have executed an agreement which is incomplete or insufficient… View Article
General Provisions Regarding Spousal Support, WV Statute
Section 48-8-101 General provisions regarding spousal support (a) An obligation that compels a person to pay spousal support may arise from the terms of a court order, an antenuptial agreement or a separation agreement. In an order or agreement, a provision that has the support of a spouse or former spouse as its sole purpose… View Article
Rehabilitative Spousal Support – The WV Statute
(This is simply the WV Statute. I work with the person claiming rehabilitative alimony by preparing a “plan of economic self improvement”. This is critical where the marriage was not long enough to justify permanent alimony. We must convince the judge the person claiming is industrious and serious about getting a fresh start in shortest… View Article
Alimony: The Particulars
I posted an article about alimony, or spousal support, August 9, 2010. You may recall that there are several forms of alimony: a. Temporary spousal support, while the divorce is pending. b. Rehabilitative spousal support, designed to allow a disadvantaged spouse to get back on his/her feet. This often covers a period for that spouse… View Article
How Did Your Week Compare to Mine?
I just finished an intense, interesting week. Perhaps you would like to know what that means for a busy personal injury, civil trial, and family law attorney, a. Worked three 6:00 a.m. to 6:00 p.m. days out of five, and the first six day week for awhile. b. Had choir practice on Thursday evening (Hit… View Article
The WV Association For Justice – Benefits of Our Relationship
Travels and “stuff” have kept me from posting the last couple of weeks. My attendance last week at the 2011 WVAJ Mid-Winter Conference provided me an abundance of valuable material to blog about. 1. We became the WV Association for Justice, WVAJ, from the WV Trials Lawyers Association, an affiliate of A.T.L.A., the Association of… View Article
The Tension Between Lawyers and Judges
This is a difficult topic for me. I just deleted my first page, for the second time! Back I go to the blank page. (And I assure you this is not any of the judges I regularly appear before. I hope they accept in good fun that sometimes this is the way a judge appears… View Article