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Currently Browsing:Family Law

Repercussions of a Claim of Infidelity in a West Virginia Divorce Proceeding Regarding Child Custody and Alimony

Most states have adopted no-fault divorce laws, which only requires that the parties simply allege irreconcilable differences as the reasons for the divorce without having to present proof. These laws abrogated long-standing laws where a party had to allege specific grounds for divorce such as are found under W.Va § 48-5-201 through 209:  Abandonment […]

Child Support is NOT Negotiable

If you ever bought a used car or a home, then you know that you can negotiate a price. But when it comes to child support, you have to follow the state’s guidelines. In other words, child support is not a negotiable item unless you mutually agree to an amount that the court will approve. […]

Supreme Court Upholds Housing Discrimination Protections

On June 25, 2015, The Supreme Court ruled that housing policies and practices with discriminatory outcomes can be challenged under the Fair Housing Act, even when there is no intent to discriminate. The key issue in the case was the validity of the cause of action known as disparate impact under the Fair Housing Act […]

Kids Dancing In the Streets = Jail Bird Blues

Be careful the next time you make your child prodigy (Little Johnny) perform his jazz flute solo in the local music hall, festival, or even the next homecoming parade, as you may be in violation of the W.Va. Code 61-8-25. Take a look for yourself:  §61-8-25. Requiring children to beg, sing or play musical instruments in […]