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39 Search Results for %22Equitable Distribution%22

January 31, 2019

Financial Disclosure in Divorce: Get it Right!

...er’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, or recei...

March 15, 2014

FAQ

...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 retirement benefit...

January 31, 2011

Can Lawyers Collaborate to Their and Their Clients’ Benefit?

...tion. 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 of version...

August 30, 2013

Why Should My Lawyer Know Technology

...ibution 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 clients’ pleadings or documents to his paralegal for final editing. 14. Lawyers with online leg...

November 20, 2011

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

...ept 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 your house,...

March 6, 2011

Factors in Determining Alimony (Spousal Support), The WV Statute, Sec 48-6-301

...e from the job market and custodial responsibilities for children; (5) The distribution of marital property to be made under the terms of a separation agreement or by the court under the provisions of article seven of this chapter, insofar as the distribution affects or will affect the earnings of the parties and their ability to pay or their need to receive spousal support, child support or separate maintenance: Provided, That for the purposes of...

July 20, 2010

Mediation Conundrums, Domestic Violence, and Sociopaths

...ts, the Family Court CANNOT order them to mediation on issues of equitable distribution or spousal support. In north central WV, Upshur, Lewis, and Randolph Counties, judges expect the lawyers to attend mediation, and we do, to the great benefit of our clients. The better mediators and attorneys now can print out a complete parenting plan or agreement for the parties to read and sign and take with them. They are not binding until presented to the...

May 11, 2013

Burton Hunter’s Letter to New Clients

...custody, alimony, insurance coverages, personal injury, damages, equitable distribution, adoption, and many more. d. Mr. Hunter has proprietary forms for you to fill out in divorce and personal injury cases. They require you do some real work. Finding time to get the records, make the calls, and do the research will pay big dividends. e. All family cases, divorces, modifications, custody, child support, and contempt usually require your last 3-5 y...

May 14, 2010

Mediation: Tips for Parties and Lawyers

...orth. The second worksheet allows us to put together the client’s proposed distribution of the assets and debts,and see, to the dollar (rounded) how close to their proposal is 50%/50%. Most attorneys do not. Some use a yellow pad and calculator, and some use “canned” software. Building those spreadsheets really help us envision our options. And, we can change a number, and all the totals and subtotals change. It is a great tool for playing “what i...

August 10, 2022

What Don’t I Know? How Can I Find it?

...ity 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 Court Abandonment N...