FAQs

Below are answers to common questions about family law, domestic violence cases, guardianship, and civil mediation in West Virginia. These answers are general information only and are not legal advice. For guidance about your specific situation, please request a consultation.

Divorce & Separation

  • Uncontested divorces can take a few months. Contested cases may take longer depending on court schedules and complexity.

  • No. West Virginia allows both fault-based and no-fault divorces.

  • Contested means you and your spouse disagree on major issues. Uncontested means you agree on all terms.

  • Yes. Mediation can help you reach agreements without a lengthy trial.

Child Custody & Visitation

  • The court considers the child’s best interests, including safety, stability, and each parent’s involvement.

  • Yes, if there’s a significant change in circumstances.

  • You can ask the court to enforce the order through legal action.

  • In some cases, yes, if it’s in the child’s best interests.

Child Support & Modifications

  • It’s based on both parents’ incomes, parenting time, and the child’s needs.

  • Yes, if there’s a significant change in income or expenses.

  • The court can enforce payment through wage withholding or other actions.

  • Generally, when the child turns 18 or graduates from high school, whichever is later.

Domestic Violence & Protective Orders

  • You can file at your local magistrate court, often the same day you seek help.

  • Emergency orders can be issued immediately.

  • Both sides present their case, and the judge decides whether to extend the order.

  • Yes, through a court request before it expires.

Custodianship & Guardianship

  • Custody is a parent’s legal right; custodianship and guardianship give non-parents legal authority to care for a child or adult.

  • It’s not required, but legal guidance helps avoid mistakes.

  • Yes, depending on the circumstances and court approval.

  • File a petition with the court to terminate or transfer it.

Civil Mediation

(WV & Federal)

  • A neutral process where a mediator helps parties resolve disputes outside of court.

  • Contract, property, business, and other civil disputes.

  • Yes, if written, signed, and filed properly.

  • Yes, many federal cases can be mediated with court approval.