Berkeley County Contested Divorce Lawyer

Protect Your Best Interests in a Difficult Divorce

When it comes to divorce proceedings, not all cases are created equal. While some couples can reach an amicable agreement through mediation or collaborative divorce, others find themselves locked in complex disputes requiring experienced legal professionals' expertise. At Sutton & Janelle, PLLC, we recognize that contested divorces can be emotionally and legally challenging. That's why our team of Berkeley County contested divorce lawyers is dedicated to providing comprehensive legal support to individuals navigating the turbulent waters of a contested divorce.  

Call Sutton & Janelle, PLLC, today at (304) 867-0049 or contact us online to schedule a meeting with our contested divorce attorney in Berkeley County!

What is a Contested Divorce?

A contested divorce is when the divorcing spouses cannot agree on key issues such as property division, child custody, spousal support, etc. Instead of reaching a mutual understanding, they turn to the court system to resolve their disputes. This often involves extensive negotiations, court hearings, and resolving legal proceedings.

In a contested divorce, each party typically retains their attorney to represent their interests vigorously. The attorneys work on behalf of their clients to present evidence, negotiate settlements, and advocate for their clients' rights throughout the divorce process. This adversarial approach can make contested divorces more time-consuming and emotionally draining than uncontested ones.

Contested Divorce Requirements in West Virginia

Contested divorces in West Virginia follow specific legal requirements. It's essential to understand these requirements if you are considering or facing a contested divorce:

• Residency Requirement: You or your spouse must have been a resident of West Virginia for at least one year before filing for divorce. Alternatively, if the marriage took place in West Virginia, either party must have lived in the state continuously since the marriage.
• Grounds for Divorce: West Virginia recognizes fault and no-fault grounds for divorce. Fault-based grounds may include adultery, cruelty, abandonment, or drug addiction. Alternatively, couples can choose a no-fault ground, such as irreconcilable differences, which does not require proof of fault.
• Filing a Complaint: The contested divorce process begins with filing a Complaint for Divorce in the appropriate circuit court. This legal document outlines the grounds for divorce and the issues in dispute, such as property division, alimony, and child custody.
• Serving the Complaint: After filing, the Complaint must be served to the other spouse, who has a specific timeframe to respond. If the spouse fails to respond or disputes the Complaint, the case becomes a contested divorce.
• Discovery and Negotiation: Once the divorce is contested, both parties engage in the discovery process, gathering and exchanging information relevant to the case. Negotiations may occur during this stage to reach a settlement agreement.
• Court Proceedings: The case proceeds to court if an agreement cannot be reached through negotiation or mediation. A judge will review evidence, hear arguments, and decide on unresolved issues like property division, spousal support, and child custody.

How Long Does a Contested Divorce Take?

The duration of a contested divorce can vary widely depending on the case's complexity and the parties' willingness to cooperate. Factors that influence the timeline include:

• Court Schedule: Court availability and backlog can impact the speed of your case. Some courts may have more significant caseloads, leading to longer hearing wait times.
• Complexity of Issues: The more complex issues in dispute, the longer the divorce will likely take. Disputes over significant assets, child custody arrangements, and alimony can extend the timeline.
• Spousal Cooperation: If both parties are willing to cooperate and negotiate, expediting the process through alternative dispute resolution methods like mediation is possible. However, if either party is uncooperative, the process may be prolonged.
• Attorney Expertise: Experienced divorce attorneys, like those at Sutton & Janelle, PLLC, can streamline the process and help you navigate the legal complexities efficiently.

While there is no definitive timeframe for contested divorces, having realistic expectations and a dedicated legal team to guide you through every step of the process is essential.

Contact Our Berkeley County Contested Divorce Attorney Today

In a contested divorce, emotions run high, and legal complexities abound. At Sutton & Janelle, PLLC, our Berkeley County contested divorce attorneys have the knowledge and experience to guide you through this challenging journey. We understand each case is unique and are committed to tailoring our legal strategies to meet your needs.

Contact Sutton & Janelle, PLLC, today to schedule a meeting with our contested divorce lawyer in Berkeley County!