Marriage Separation Lawyer in North Central West Virginia

Divorce is a complex and important decision. You might not feel like divorce is right at this time, but if both spouses are on good terms and want to share benefits until each has the opportunity to establish their own benefits arrangements, separation may be a good option. West Virginia offers an alternative to divorce that is less permanent. Separate maintenance could be an appropriate choice for couples who are considering other options when it comes to the legal aspect of separating. The legal team at Isner Law Office in Elkins, WV is widely recognized for providing superior legal guidance and services throughout the state of West Virginia. We can provide the assistance you need to assess the situation. Call: (304) 636-7681.

What Is Separate Maintenance?

West Virginia does not offer legal separation, but separate maintenance is similar. The court recognizes the same matters that would be brought up in a divorce, but the marriage itself remains legal. Speak to Attorney Phil Isner today to get answers and legal advice.

Residency Requirements

Although you don’t need to file for divorce first, you will need to meet the state’s divorce requirements before the court will grant your request for separate maintenance. Spouses wishing to separate must be residents before proceeding with a case, and you can do so in any of the following situations:

– If your marriage took place in West Virginia, and at least one party is currently a resident.

– If your wedding took place in another state, at least one spouse must be a resident for a minimum of one year before filing, and the residency must continue throughout the legal process.

Grounds in Separate Maintenance Cases

West Virginia allows couples to allege either:

– Irreconcilable differences, or

– That you and your spouse have lived separate and apart, continuously, without cohabitation, for one year or more.

The filing spouse may also request a separate maintenance action if the other spouse has failed to provide support or abandoned the other spouse. At Isner Law Office, our skilled lawyers work hard to help ensure that your best interests are met.

Contact Isner Law Office

Family Law Specialist Serving North Central West Virginia

Any legal case, especially one like separate maintenance, can be complicated and detailed. Separate maintenance requires a legal contract to clarify expectations for each party to prevent miscommunication and to identify each spouse’s responsibilities in the future. Child custody, child support, property division, and insurance are a few of the items that will be covered in the contract. Contact Phil Isner, an experienced family law attorney in your area to get started today. Call Isner Law Office at (304) 636-7681.