West Virginia Legal Separation Attorneys
We can guide you through the process to separate from your spouse
The goal of marriage is to stay together for life, but some couples find themselves growing apart. In some situations, legal separation is the right step forward to see if you are happier living apart without ending the marriage itself. But just like a divorce, a legal separation can be a difficult and emotionally fraught process. That’s why you need the right attorney.
The legal separation lawyers at Klie Law Offices understand how to handle separate maintenance proceedings and help you navigate this next stage in life. If you are considering legally separating from your spouse, give us a call or contact us online today.
Why you might choose separation over divorce
While divorce is the more common option, there are several reasons why a couple may choose legal separation over divorce. For instance, a separation may provide more time to discuss reconciliation. Some other purposes might include:
- Immigration status
- Maintaining health insurance coverage (depending on the type of coverage)
- Tax, military, or other benefits
- Religious, social, or moral purposes
Either divorce or separation can have a profound effect on your future, so it’s a good idea to carefully consider all your options. An experienced family law attorney can explain the differences and help you consider what’s right for you.
Getting a legal separation in West Virginia
In West Virginia, there is technically no such thing as a “legal separation;” rather, you can file for “separate maintenance.” Separate maintenance proceedings are functionally quite similar to divorce proceedings, except that you remain legally married at the end of the process. Child custody, child support, property distribution, and so on are still determined in the same manner as in divorce.
You also need to show legal grounds in the same manner as a divorce. You can get a no-fault separation in the same manner as a no-fault divorce, either by citing irreconcilable differences or living separate and apart for a year. You can also use the same legal grounds for a fault-based divorce to get a fault-based separation. And at the end of the process, you will have a legally binding court order that addresses the terms of the separation.
Most separate maintenance orders include a clause that if you later get divorced, the existing separation agreement will be incorporated into your divorce decree. This generally makes getting divorced easier if you are already legally separated.
Talk to an experienced legal separation lawyer today
Even though it feels less final than a divorce, a legal separation is just as complex a process and requires the same legal knowledge and attention to detail. When you work with Klie Law Offices, you’ll have access to an attorney who will listen to your story and explain your options, as well as a paralegal and legal assistant who are almost always available during business hours. We’re here to help you to navigate life’s transitions and build a better future.
If you’re considering a legal separation in West Virginia, don’t go through the process on your own. An experienced legal separation lawyer at our firm can help. Contact Klie Law Offices today to speak with a member of our legal team about your rights and options.