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DIVORCE

FAMILY LAW

Divorce and Family Law Matters

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Hi and welcome!  I'm Erin Bias, Esq. and I practice in the area of family law matters.  When families are having disputes, it can be a difficult and trying time for everyone involved in the dispute.  

It is our goal to help you resolve the dispute in a cooperative and peaceful atmosphere as we encourage mediation to reach what we call an out of court settlement in where all parties involved get to decide how to resolve conflict with an unbiased mediator rather than leaving the decision up to the judge, the final decision is agreed upon after mediation discussion.  If mediation fails, courtroom litigation is still an option to all parties concerned.

We will work hard to get a fair a just outcome for you so call us today to set up your free consultation.
Grounds for divorce in West Virginia

  • A divorce may be granted in West Virginia divorce law for any of the following grounds:
  • Adultery;
  • When either spouse has, been convicted for a crime which is a felony, and such conviction is final;
  • Abandonment or desertion for six months;
  • For cruel or inhuman treatment which includes reasonable bodily harm, false accusation of adultery or homosexuality, intent or mistreatment which affects the mental or physical well-being, unsafe or unendurable: However, there has to be documented evidence;
  • For habitual drunkenness subsequent to the marriage;
  • Addiction, subsequent to the marriage, to the habitual use of any narcotic or dangerous drug;
  • Lived separate and apart in separate places without any cohabitation and without interruption for one year.  And per other provision of this section of code;
  • Permanent and incurable insanity, only if the person is permanently and incurably insane and has been confined in a mental hospital or other similar institution for a period of not less than three consecutive years and other provision listed in this code;
  • Abuse or neglect of a child or "abuse" meaning any physical or mental injury inflicted on such child including all provisions listed in this code;
  • Irreconcilable differences including all provisions listed in this code;
Annulment:  In an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove, you will definitely need to have an attorney represent you. There are other provisions listed in this code and this is a complex area of law.

Documentation

In the case of divorce, you will need to acquire the following information to proceed with your case:

Personal Information

  • Full addresses and phone numbers of both parties.
  • Full names, birth dates, and addresses of all children of the marriage, their school and grade.  Any adopted children.
  • Information about any prior marriage of either your or your spouse, including a certified copy of the divorce decree.
  • Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.
  • Information concerning any previous legal proceedings between you and your spouse or involving any of the children.
  • A copy of any domestic contracts (example: a prenuptial agreement).

Financial Information

  • Information about your current income, e.g. a current pay slip.
  • Your previous year's income tax return, and any related data from the IRS.
  • A list of substantial assets and liabilities of both spouses.

Mediation & Other Family Matters

Through mediation, a family can try and resolve legal conflicts through communication and compromise.  The family can try to peaceably  decide the outcome while in a mediation atmosphere, that can help to resolve the issues at hand in a calm and peaceful manner.  If mediation fails, courtroom litigation is still an option to all parties concerned.  There are advantages of mediation and it is always advised to try mediation before the issues go to court.  This is what we call, an out of court settlement and can be more cost effective and faster:

  • A cooperative atmosphere: Discussion and problem-solving between disputing parties.  In most cases, mediation can lead to cooperative decisions between all parties and can reach an agreement  to follow a chosen plan of action.  All parties get to decide how to resolve conflict with an unbiased mediator rather than leaving the decision up to the judge.  The best way to achieve solutions to family conflict and set a path for your future relationship with your children, by retaining a cooperative and peaceful relationship with all parties concerned or former spouse or custodial parent.  (e.g. parents - grandparents)  

Erin Bias - Esquire

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Erin is a Mountaineer at heart.  She graduated from West Virginia University in 2003 with a Bachelors of Arts in Political Science and a minor in English, and she graduated from the West Virginia University College of Law in 2007.

She now focuses her practice by helping claimants through the process of workers’ compensation claims.  Erin also handles certain family law matters, including divorce, child custody and child support.

Erin is a member of the West Virginia State Bar Association, Logan County Bar Association and is admitted to practice law in the Supreme Court of Appeals of West Virginia and the United States District Court-Southern District of West Virginia.   She is also a member of Claypool United Methodist Church and resides in Man, West Virginia with her husband Roger.

    Contact us, we're here to help!

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Questions about divorce or family law matters?  Please call or fill out the form and a brief description of your case.  Include your phone number and we will call you as soon as possible.

If you are a existing client and you have questions, you may use the contact form.  Please include your phone number and we will contact you as soon as possible.
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1 Washington Ave. Suite 300
P.O. Box 1760
Logan, WV  25601
Phone: (304) 752-5242
1-800-799-COMP (2667)
blairlawoffices.com