44 Search Results for "Equitable Distribution"

December 28, 2022

2023 Legal Resource Guide, Personal Injury, Family, Civil Litigation, and Your Legal Checkup.

...er III (hunterlawfirm.net)   “WV Equitable Distribution Law”: 2018 Update: Equitable Distribution: WV Divorce Property Law – Attorney J. Burton Hunter III : Attorney J. Burton Hunter III (hunterlawfirm.net)   Divorce Financial Affidavits: Financial Disclosure in Divorce: Get it Right! – Attorney J. Burton Hunter III : Attorney J. Burton Hunter III (hunterlawfirm.net)   Sharing Divorce Financial Information: Down to the Granular Differences: Divorc...

July 20, 2010

Mediation Conundrums, Domestic Violence, and Sociopaths

...oulette”. In our part of the State, mediators work on all issues including equitable distribution and spousal support; that makes much sense to me, since these issues are often the ones standing in the way of a good compromise parenting plan. Mediation is a Godsend to many. Just wish more people could go through the process with a qualified attorney, to help them prepare, and participate. What do you think? Please send me your comments and questio...

January 31, 2019

Financial Disclosure in Divorce: Get it Right!

...o 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 received as a direct gift from a family member or friend, may be my separate property, but there are exceptions. I ack...

November 20, 2011

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

...ies, it takes a good lawyer and careful analysis to sort through issues of equitable distribution. If you don’t have a lawyer, for gosh sakes read the Family Court Rules, the Discovery Rules, and even the Rules of Evidence. It is silly to think you can become a “self-help lawyer”, but failing even to try to understand the basics is a prescription for disaster. 4. Custody. This word is supposed to be passé. Important revisions were made to the law...

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...

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...

August 30, 2013

Why Should My Lawyer Know Technology

...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 clients’ pleadi...

March 6, 2011

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

...ourt 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 determining a spouse’s ability to pay spousal support, the court may not consider the income generated by property allocated to the payor spouse in connection with the div...

March 7, 2018

2018: Mediation Tips Revised

...gested the other side turn it into a cash demand for “equalization” of the equitable distribution. That means that even though the parties did not agree what the family residence was worth, how much of the equity one of the parties had a claim to, and what the reconstructed vintage automobile was worth, we had reduced the dispute to one issue, money. When we got to two numbers that were close enough that it would cost the parties more to litigate...

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...