DivorceMag: West Virginia FAQs

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Frequently Asked Questions About Divorce

"My spouse wants a divorce. I don't. How can I fight it?"

Family-law attorney Mark Gross answers: "It takes two people to make a marriage, and one person to make a divorce.

If you want to remain married, you need to consider what can be done to keep your spouse's mind open to the idea of reconciling. In order to work on a possible reconciliation, you and your spouse must obtain the appropriate counseling. This can be individually, jointly, or both. If your spouse is initially reluctant to consider therapy, you should consider therapy for yourself. Even if therapy or counseling doesn't lead to a successful reconciliation, it will still be useful for you to have a therapist to help you through this very difficult time..."

"How do I prepare for the possibility of divorce?"

Family lawyer Steve Mindel answers: "It sounds like you are at the beginning stages of determining whether or not your marriage is worth salvaging, or if it is better for you to move on. You are correct in that the most important issue to your children and to you is your safety, both physically and financially. In order to prepare yourself in the event of the dissolution of your marriage, it is important that you immediately take steps to surround yourself with the necessary professionals who can help guide you through this process. At a minimum, you will need an attorney and a good mental-health professional..."

"Is there anything I can do to legally force my husband back to work?"

Family-law attorney Steve Mindel answers: "You're facing the classic societal role-reversal situation. Although we've come a long way from the "Ozzie and Harriet" nuclear family, there's still something disturbing about a father who refuses to work to support his family.

Regardless of whether or not you stay with your husband, you can't legally force him to go back to work. But if you're in the middle of a divorce proceeding, it's possible for a court to find that your husband has an earnings capacity and assess him with an income based on that earnings capacity for the purposes of calculating spousal support. However, as you seem to have substantially higher earnings than he would if he went back to work, that solution probably isn't of much comfort to you. Ironically, you would likely be the one paying him spousal support, according to the divorce law..."

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