Madison Divorce & Family Law Lawyer, West Virginia

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Claude S. Smith, III
About | Practice Areas
The Law Offices of Claude S. Smith III
805 Bigley Avenue Charleston, WV 25302» view map
Divorce & Family Law
Working With Clients One On One

As your attorney, I will make sure you know that I am here for you. I will keep you updated on your case as it progresses.

800-936-8471
1. Claude S. Smith, III Charleston, WV
  Attorney at Law - WV, 1992
  University of Houston J.D. 1989
2. AboutThe Law Offices of Claude S. Smith III
  Working With Clients One On One
3. Practice AreasExpertise
  Divorce & Family Law
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Charles R. Hamilton

Civil Rights, Family Law, Criminal

Status: Licensed: 43 Years

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5130 Maccorkle Ave Se, Charleston, WV 25304

800-814-6700

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LEGAL TERMS

ARREARAGES

Overdue alimony or child support payments. In recent years, state laws have made it difficult to impossible to get rid of arrearages; they can't be discharged i... (more...)

Overdue alimony or child support payments. In recent years, state laws have made it difficult to impossible to get rid of arrearages; they can't be discharged in bankruptcy, and courts usually will not retroactively cancel them. A spouse or parent who falls on tough times and is unable to make payments should request a temporary modification of the payments before the arrearages build up.

VISITATION RIGHTS

The right to see a child regularly, typically awarded by the court to the parent who does not have physical custody of the child. The court will deny visitation... (more...)

The right to see a child regularly, typically awarded by the court to the parent who does not have physical custody of the child. The court will deny visitation rights only if it decides that visitation would hurt the child so much that the parent should be kept away.

INTERLOCUTORY DECREE

A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)

A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.

LEGAL RISK PLACEMENT

A type of adoption used by agencies to keep a child out of foster care during the adoption process. The child is placed with the adopting parents before the bir... (more...)

A type of adoption used by agencies to keep a child out of foster care during the adoption process. The child is placed with the adopting parents before the birthmother has legally given up her rights to raise the child. If she then decides not to relinquish her rights, the adopting parents must give the child back. This is a risk for the adopting parents, who may lose a child to whom they've become attached.

GUARDIAN AD LITEM

A person, not necessarily a lawyer, who is appointed by a court to represent and protect the interests of a child or an incapacitated adult during a lawsuit. Fo... (more...)

A person, not necessarily a lawyer, who is appointed by a court to represent and protect the interests of a child or an incapacitated adult during a lawsuit. For example, a guardian ad litem (GAL) may be appointed to represent the interests of a child whose parents are locked in a contentious battle for custody, or to protect a child's interests in a lawsuit where there are allegations of child abuse. The GAL may conduct interviews and investigations, make reports to the court and participate in court hearings or mediation sessions. Sometimes called court-appointed special advocates (CASAs).

FAULT DIVORCE

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorc... (more...)

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorce from the 'guilty' spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.

COLLUSION

Secret cooperation between two people in order to fool another. Collusion was often practiced by couples before no-fault divorce in order to make up a grounds f... (more...)

Secret cooperation between two people in order to fool another. Collusion was often practiced by couples before no-fault divorce in order to make up a grounds for divorce (such as adultery). By fabricating a permitted reason for divorce, colluding couples hoped to trick a judge into granting their freedom from the marriage. But a spouse accused of wrongdoing who later changed his or her mind about the divorce could expose the collusion to prevent the divorce from going through.

ADOPTED CHILD

Any person, whether an adult or a minor, who is legally adopted as the child of another in a court proceeding. See adoption.

COMMON LAW MARRIAGE

In some states, a type of marriage in which couples can become legally married by living together for a long period of time, representing themselves as a marrie... (more...)

In some states, a type of marriage in which couples can become legally married by living together for a long period of time, representing themselves as a married couple and intending to be married. Contrary to popular belief, the couple must intend to be married and act as though they are for a common law marriage to take effect -- merely living together for a long time won't do it.

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