How is Visitation and Property Decided in Divorce?
When couples divorce, two of the most emotionally and legally complex issues they face are child visitation and the division of property. At Klie Law Offices, we understand how high the stakes are for families in West Virginia. With offices in Buckhannon, Clarksburg, Morgantown, and Parkersburg, our family law attorneys are here to guide you through every step of the divorce process.
This article outlines how visitation and property are decided in divorce cases across West Virginia, including key legal principles, practical steps, documentation tips, and answers to common questions.
Child Visitation: Putting the Child First
In West Virginia, child custody and visitation decisions are based on what serves the best interests of the child. Courts strive to ensure that children maintain meaningful relationships with both parents, unless doing so would harm the child.
Types of Custody
- Legal custody: The right to make major decisions about the child’s life (education, health care, etc.)
- Physical custody: Where the child lives and who provides daily care
Courts can award joint or sole custody. Even if one parent has sole physical custody, the other may still have visitation rights.
Visitation Schedules
Visitation, or “parenting time,” is typically outlined in a Parenting Plan, which can be created by the parents or ordered by the court. Common visitation schedules include:
- Alternating weekends
- Mid-week visits
- Split holidays and school breaks
Parents are encouraged to agree on a plan, but if they cannot, the court will impose one. Learn more about your options by visiting our Child Custody page.
Modifying Visitation
Visitation arrangements are not always permanent. You can request a modification if circumstances significantly change—such as a relocation, changes in work schedules, or concerns about the child’s safety.
Property Division: What is Fair?
Property division during divorce can become contentious, especially when large assets or debts are involved. In West Virginia, the law aims to reach a fair—not necessarily equal—division of marital property.
West Virginia: Equitable Distribution
West Virginia follows equitable distribution principles, meaning property is divided fairly. The court considers factors such as:
- Duration of the marriage
- Contributions of each spouse (financial and non-financial)
- Earning capacities and future needs
- Fault or misconduct (e.g., hiding assets)
What Counts as Marital Property?
Marital property generally includes:
- Homes, vehicles, and real estate purchased during the marriage
- Retirement accounts and pensions
- Bank accounts and investments
- Debts acquired together
Separate property (owned before the marriage or received by gift or inheritance) is typically retained by the original owner.
Property Division Agreements
Couples can agree on how to divide assets through a Marital Settlement Agreement. Courts usually approve these agreements unless they are grossly unfair or coerced. Learn more on our Divorce page.
How the Courts Decide
When a judge is involved, they will examine:
- Financial disclosures
- Testimony and supporting documentation
- Expert valuations (especially for businesses or complex assets)
- Parenting capabilities and history
Courts aim for a resolution that respects each party’s contributions and protects the child’s welfare.
Documentation You Should Prepare
- Income statements and tax returns
- Property deeds and mortgage records
- Bank and retirement account statements
- Parenting calendars or communication logs
- Any existing court orders or agreements
Keeping organized records will strengthen your case, whether negotiating a settlement or presenting your position in court. If you’re unsure how to start, our family law attorneys can help you gather and review key documents.
Frequently Asked Questions
What happens if we can’t agree on visitation or property?
If you and your spouse cannot reach an agreement, the court will step in to decide based on fairness and the child’s best interests.
Can I change a visitation or property order later?
Yes. You can petition the court for modifications if there are substantial changes in circumstances.
Will misconduct like infidelity affect property division?
Possibly. While West Virginia is not strictly a fault-based state, misconduct that financially impacts the marriage—such as draining joint funds—could influence the court’s decision.
How long does the process take?
It varies. Uncontested divorces can take a few months, while contested ones involving disputes over children or assets may take a year or more.
Do I need a lawyer?
Absolutely. Family law is complex, and experienced legal representation ensures your rights are protected. Start by contacting our experienced divorce attorneys.
Talk to a Divorce Lawyer Who Knows West Virginia Law
Whether you’re facing tough decisions about parenting time or worried about protecting your financial future, the divorce attorneys at Klie Law Offices can help. With local knowledge of West Virginia family courts, we fight for what matters most to you.
