A woman’s physical safety and financial security can be
significantly improved if she knows what legal recourses and resources
are available to her. Lawyers in Charleston and Wood County offer
suggestions and information for women who are facing divorce or domestic
violence.
By Pat Lawrence
Family law is an area where even the most law-abiding citizens can
flounder. It involves the things people hold closest to the heart
- children, family, home, money and property. According to Charleston
family lawyer Lyne Ranson, it is rarely a case of win or lose. Lyne
spends about 80 hours a week in the pursuit of rulings that are best
for her clients
Divorce is a major part of family law. Lyne says what she sees most
often is that women need to know more about the family finances. “Too
many women haven’t paid attention. They’ve never paid
a bill or checked the assets. It’s important for women to know
where they are in terms of retirement, savings and expenses. A woman
considering a divorce should start collecting documents and information.
Her knowledge is a powerful tool in constructing a fair settlement.”
Lyne says women also should be familiar with laws that may affect
them in a divorce. “For example, West Virginia is a shared parenting
state, which benefits fathers who want to be involved. In the absence
of domestic violence, mothers will be required to share custody of
their children, although that doesn’t necessarily mean being
equal caretakers.”
Spousal support is another issue. “There are three kinds. A
full time mother may need rehabilitative support, financial assistance
for a specific period of time for a specific goal, like going to college
or getting career training. Permanent alimony is long-term financial
assistance, based on financial need and the financial ability to pay.
The length of the marriage and earning capacity are major factors
in the decision. There is also a fixed amount alimony paid either
in a lump sum or over a period of time.”
Until two years ago, a spouse that committed adultery would not receive
alimony. That is no longer a factor. Lyne says, “Unfortunately,
there is no alimony formula, although for fairness and conformity,
I think there should be. Right now, judgments vary according to the
judge.”
Most spousal support ceases upon remarriage, which once led to live-in
relationships to avoid the loss of income. Lyne says, “In West
Virginia, a woman sharing a residence with a man has a de facto marriage.
If a de facto marriage exists, the court may order spousal support
to stop or have it reduced.” Lyne warns that a defacto marriage
is not the same as common law marriage. West Virginia doesn’t
recognize common law marriages.
There are laws that Lyne says benefit West Virginians. “Here
adoption records are sealed, so an adoptive parent couldn’t
normally go back for a child they’d put up for adoption. Except
for the filings and decrees, divorce proceedings are also sealed.
Hearings are closed with only attorneys and the judge present. The
proceedings aren’t a matter of public record or participation.”
Lyne says controversy over children is often painful for all involved.
“Unless the parent is unfit, at 14, a child can choose which
parent to live with and how much time they will spend with the other
parent. The decision can be heartbreaking to the other parent.”
Lyne previously worked in the US Attorney’s office in federal
criminal litigation, served as an attorney for the WV ethics commission,
served as a circuit judge of Kanawha County for five years and has
taught trial advocacy and trial skills since 1986 at WVU. She has
been in private practice for the past six years and works exclusively
in family law.
One of the shifts she’s seen in family law is, “Twenty
years ago, women were favored in parenting, men were favored in the
distribution of wealth. That isn’t necessarily so now.”
She says the judge is still a major determining factor in the length
and resolution of a divorce. “It can take two months or as long
as a year.” Despite the frustrations, Lyne remains committed
to family law. “In family law there’s so much room for
so much good to be done. You see people at the worst time of their
life, and can offer reassurance and information. But, ultimately it’s
all about getting a fair settlement tailored to meet the needs of
each client.”
Contact Lyne Ranson Law Offices, Laidley Towers, 500 Lee Street,
Charleston,
304-344-2121.
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