FAQ

Frequently Asked Questions

Family Law & Divorce

How long does a divorce take?

The time required to complete a divorce can vary depending on whether the divorce is contested, the issues involved, and the court’s schedule. An attorney can help you understand what to expect based on your specific circumstances.

Do I need an attorney to get a divorce?

You are not required to have an attorney to file for divorce, but having legal representation can help protect your interests and ensure important issues are properly addressed. This can be especially important when children, property, support, or other significant issues are involved.

What is the difference between a contested and uncontested divorce?

An uncontested divorce generally means both spouses agree on the major issues involved in ending the marriage. A contested divorce involves disagreements that may require negotiation or court intervention.

How is child custody determined?

Child custody decisions are based on the circumstances of the family and the best interests of the child. Factors can include the child’s needs, each parent’s relationship with the child, and each parent’s ability to provide appropriate care.

Can child custody or support be changed?

In some circumstances, an existing custody or support order may be modified. Whether a change is possible depends on the circumstances and applicable law.

How is property divided in a divorce?

The division of marital property depends on the nature and value of the property, the circumstances of the marriage, and applicable West Virginia law. An attorney can help you understand how the rules may apply to your situation.

Bankruptcy

What is bankruptcy?

Bankruptcy is a legal process that can help individuals and businesses address overwhelming debt. Depending on the type of bankruptcy and the circumstances involved, debts may be discharged or repaid through a court-approved plan.

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 generally involves the discharge of qualifying debts, subject to eligibility requirements and applicable exemptions. Chapter 13 generally allows eligible individuals with regular income to repay some or all of their debts through a repayment plan.

Will bankruptcy eliminate all of my debts?

Not necessarily. Certain types of debt may not be dischargeable in bankruptcy, and the rules can vary depending on the type of debt and the bankruptcy chapter involved. An attorney can review your situation and explain your options.

Will I lose my home or car if I file bankruptcy?

Not necessarily. Bankruptcy laws provide exemptions and other protections that may allow you to keep certain property. Whether you can keep your home, vehicle, or other property depends on your individual circumstances.

Can bankruptcy stop creditor calls and collection efforts?

Filing bankruptcy can trigger an automatic stay that generally stops many collection actions. There are exceptions, however, so you should discuss your circumstances with an attorney.

How will bankruptcy affect my credit?

Bankruptcy can have a significant impact on your credit history. However, for someone struggling with overwhelming debt, bankruptcy may provide an opportunity to resolve financial problems and begin rebuilding credit over time.

Personal Injury

What should I do after an accident?

Seek appropriate medical attention, document what happened, preserve relevant information, and be careful about making statements to insurance companies. If you believe someone else’s negligence caused your injury, consider speaking with an attorney promptly.

How long do I have to file a personal injury claim?

Personal injury claims are subject to legal deadlines, and the applicable deadline can depend on the type of claim and the circumstances. Because missing a deadline can affect your ability to pursue a claim, it’s important to seek legal advice promptly.

Should I speak with the insurance company?

You should be careful when speaking with an insurance company after an accident. Insurance companies may use statements or other information when evaluating a claim, so consider obtaining legal advice before making significant statements or accepting a settlement.

What if I was partially responsible for my injury?

Being partially responsible does not necessarily mean you cannot recover compensation. The effect of your own conduct depends on the circumstances and applicable law.

What types of compensation may be available in a personal injury case?

Depending on the circumstances, compensation may include medical expenses, lost income, pain and suffering, and other damages. Every case is different.

How much is my personal injury case worth?

There is no standard value for a personal injury case. The potential value depends on factors such as the nature and severity of the injury, medical expenses, lost income, and other circumstances.

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