Charleston, WV Divorce Lawyer | Walters Law Firm

When your marriage reaches a crossroads and divorce becomes inevitable, having an experienced Charleston divorce lawyer by your side can make all the difference in protecting your rights, your children, and your financial future. At Walters Law Firm, we understand that divorce is one of life's most challenging experiences, and we're committed to guiding Charleston families through this difficult process with compassion, skill, and unwavering advocacy.

Located in the heart of Charleston at 16 Capitol Street, our family law practice serves clients throughout Kanawha County and surrounding areas, including South Hills, Dunbar, Hurricane, and St. Albans. Our divorce attorneys understand West Virginia family law and work tirelessly to achieve favorable outcomes while minimizing the emotional and financial toll of divorce proceedings.

Why Choose Walters Law Firm for Your Charleston Divorce Case

Dedicated Family Law Focus

Family law isn't just one area of our practice—it's our primary focus. Our Charleston divorce attorneys handle all aspects of divorce, from simple uncontested cases to complex high-asset divorces involving business valuations, custody disputes, and significant property division. This focus allows us to provide the most effective legal strategies based on current West Virginia law.

Local Knowledge and Community Connections

Our divorce lawyers have strong relationships with local family court judges, mediators, and other legal professionals. This local knowledge proves invaluable when navigating the Kanawha County Family Court system and helps us develop strategies tailored to local practices.

Comprehensive Divorce Services

• Property Division: Protecting your assets and ensuring fair distribution of marital property
• Child Custody and Visitation: Advocating for parenting arrangements that serve your children's best interests
• Child Support: Calculating appropriate support amounts and ensuring compliance
• Spousal Support: Pursuing or defending against alimony claims
• Prenuptial and Postnuptial Agreements: Drafting and enforcing marital agreements
• Divorce Mediation: Facilitating amicable resolutions when possible

Understanding West Virginia Divorce Laws

Grounds for Divorce in Charleston, WV

West Virginia recognizes both fault-based and no-fault grounds for divorce:

• No-Fault Grounds:
  • Irreconcilable differences after living separately for one year
  • Irretrievable breakdown of the marriage
• Fault-Based Grounds:
  • Adultery
  • Abandonment for six months
  • Cruel or inhuman treatment
  • Habitual drunkenness or drug addiction
  • Conviction of a felony

Property Division in Charleston Divorces

West Virginia follows equitable distribution, dividing marital property fairly but not necessarily equally. Our attorneys work to identify and value all marital assets, including:

• Real estate properties
• Retirement accounts and pensions
• Business interests and professional practices
• Investment accounts and savings
• Personal property and household items

We also protect separate property acquired before marriage or through inheritance or gifts.

Child Custody and Support in Charleston, WV

Our Charleston divorce attorneys prioritize your children's best interests and work to develop parenting plans that protect parental rights and minimize disruption to schooling and extracurricular activities. West Virginia courts consider factors including:

• Each parent's relationship with the children
• Children's adjustment to home, school, and community
• Parent's physical and mental health
• Children's preferences (when age-appropriate)
• History of domestic violence or substance abuse

The Divorce Process in Charleston, WV

Filing for Divorce in Kanawha County

Divorce proceedings begin with filing a petition in the Kanawha County Family Court. Our attorneys handle all aspects of filing and ensure your petition includes all necessary information to protect your interests.

Temporary Orders and Emergency Relief

Temporary orders may address immediate concerns:

• Temporary custody and visitation schedules
• Temporary spousal and child support
• Exclusive use of the marital home
• Protection from harassment or abuse

Discovery and Asset Investigation

• Financial document requests
• Depositions of parties and witnesses
• Subpoenas to banks, employers, and other third parties
• Forensic accounting when necessary

Alternative Dispute Resolution Options

Divorce Mediation in Charleston

• Reduced costs
• Faster resolution
• Greater privacy
• More control over outcomes
• Reduced emotional stress

Collaborative Divorce

Both spouses work with attorneys and professionals to reach mutually acceptable agreements while maintaining respectful relationships post-divorce.

High-Asset Divorce Cases in Charleston

• Business valuations and ownership interests
• Professional practices (medical, legal, dental)
• Stock options and executive compensation packages
• Real estate holdings and investment properties
• Retirement and pension benefits
• Trust funds and inheritance issues

Spousal Support and Alimony in West Virginia

Courts consider factors such as marriage length, earning capacity, standard of living, age, health, contributions to marriage, and property distribution. Types of support include:

• Temporary Support
• Rehabilitative Support
• Permanent Support
• Lump-Sum Support

Protecting Your Rights During Divorce

• Financial protection strategies: secure support, prevent asset dissipation, maintain insurance, plan for taxes, protect credit
• Domestic violence and protective orders
• Military divorce considerations, including retirement benefits, deployment, and federal law compliance
• Post-divorce modifications and enforcement for custody, support, and court orders

Working with Charleston Area Professionals

Our collaborative network includes:

• Certified Public Accountants
• Business valuation professionals
• Child psychologists and custody evaluators
• Real estate appraisers
• Financial planners and investment advisors
• Mediators and collaborative professionals

Frequently Asked Questions About Charleston Divorce Cases

How long does a divorce take in Charleston, WV?

Uncontested divorces may be completed in a few months; contested cases with significant assets or custody disputes can take a year or more.

Can I get divorced without going to court?

Many divorces are resolved through negotiation, mediation, or collaborative processes, but all require some court involvement for final approval.

How is child custody determined in Charleston, WV?

Courts consider the children's best interests, including relationships with parents, adjustment to current environment, and ability to provide stable homes.

What happens to our house in the divorce?

The marital home is typically considered marital property subject to division. Options may include selling, buyouts, or temporary joint ownership.

Can I modify custody or support orders after the divorce?

Yes, modifications are possible when substantial changes in circumstances occur, such as job changes or relocations.

How much does a divorce cost in Charleston, WV?

Costs vary widely based on complexity, dispute resolution, and court time. Our attorneys provide transparent fee structures to help clients manage costs.

Take the First Step Toward Your New Beginning

Facing divorce is never easy, but you don't have to navigate this challenging time alone. Walters Law Firm's Charleston divorce attorneys are here to protect your rights, advocate for your interests, and help you build a foundation for your future.

Contact Walters Law Firm Today

Call 304-391-8002 to schedule a consultation or visit our contact page to learn more about how we can help you navigate your Charleston divorce with confidence and achieve the best possible outcome.