Best Divorce Lawyers in Charleston

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Charleston, West Virginia?

  Dial 304-348-8111 to get in touch with the Charleston Police Department.

• Where can I get a copy of police reports for incidents related to my case in Charleston, West Virginia?

  Call the Records Division of the Charleston Police Department for more information on how to make a request for police reports. In addition, you may visit the police station located on the Court Street side of the City Hall at 501 Virginia Street in Charleston.

• What kinds of conduct will compel the court to impose child access restrictions on a parent involved in a divorce in Charleston?

  The court will impose restrictions on parents found to have neglected, abused, or abandoned their children. If a parent has shown actions that may endanger children such as engaging in drugs or alcohol and starting habitual arguments, the court will also restrict their time with children during a Charleston divorce. More information on the restrictions can be found on the Parenting Plan form which can be downloaded from the Family Court webpage of the West Virginia Judiciary website.

• What are the grounds for divorce in Charleston?

  The grounds for divorce in Charleston can generally be divided into fault or no-fault types. Grounds under the fault type usually involve actions such as adultery, cruel treatment, and drug addiction. The no-fault type is based on irreconcilable differences which mean that the spouses do not get along and their marriage can no longer be fixed. If both spouses don't agree on the irreconcilable differences, they would have to choose and prove another ground.

• How long does it take to get divorced in Charleston?

  According to statistics, it takes an average of 360 days to get divorced in Charleston and anywhere in the state. However, there is really no clear-cut time period for completing a divorce in Charleston because it depends on each case's complexity. Additionally, West Virginia does not have a simplified process for resolving uncontested divorces compared to other states. So a good rule of thumb would be the less complicated a divorce is, the quicker it takes to finalize it.

• What can be done if a divorce respondent in Charleston is nowhere to be found?

  As a last resort should a divorce respondent in Charleston cannot be found after so much effort, the spouse filing the divorce can serve the petitions by publishing these in a newspaper such as the Charleston Gazette-Mail. The spouses filing the divorce must first prepare a non-residency affidavit that will be submitted to the deputy clerk after which an Order for Publication will be issued. The divorce notice will then run in the newspaper for usually two consecutive weeks.

• Is the Family Court-Parent Education attendance mandatory for divorce in Charleston?

  Attending the Family Court-Parent Education program is mandatory for couples undergoing a divorce in Charleston with minor children. To register for an in-person class, parents may contact the Court Services Division at 304-558-6831 or email Parent.Education@courtswv.gov. A certificate of completion has to be filed with the circuit clerk after completing the program. However, attendance can be waived if the court finds a good reason and puts it on the record that parents need not attend the education program.