Family Law

Legal Separation and Limited Divorce Attorney
in Morgantown, WV

What is Legal Separation and Why Should I Consider Limited Divorce?

The Law Firm You Can Trust

Any married couple can separate without filing paperwork or involving the court system. Spouses are not required to live together, but this arrangement may affect your legal rights. Notably, if a couple live apart for six months or more, this act serves as grounds for divorce. Most married couples who no longer wish to live together, share expenses, etc. choose to pursue a divorce. Some consider a limited divorce. A divorce costs approximately the same amount of money and takes about the same amount of time as a limited divorce. Legal separation (officially known as limited divorce in West Virginia) grants both the husband and wife all of the freedom to move on with their lives, including the settlement of child care and custody arrangements, property division, alimony, etc., with the following exceptions:

  • The wife keeps her married name
  • The couple is still technically considered married
  • Neither may remarry

The Benefits of Limited Divorce: Insurance & Taxes

With the costs, stress, and time involved in pursuing a divorce being roughly equal to that of a limited divorce, people often wonder why anyone would choose to pursue a limited divorce. There are a few very important personal and financial benefits to remaining legally married, including:

  • Religious beliefs that prohibit divorce
  • Moral values that go against divorce, on principle
  • The necessity of maintaining employer-sponsored health insurance
  • Tax filing benefits

Protect Your Rights During Legal Separation and Limited Divorce


If considering a legal separation/limited divorce or divorce, contact Angotti & Straface Attorneys at Law L.C. as soon as you realize that you will be separating from your spouse. Even if you are not sure whether you will pursue a full final divorce, it is wise to have a separation agreement of some type drafted to protect your rights and avoid ambiguity that can cause immense stress for both spouses. Our law firm will assist you with clearly specifying the legal rights, financial duties, and other responsibilities that each party will continue to possess, as well as clarification regarding any changes. Marital property division, child custody and the parenting plan, tax filing, debts, and additional assets, as well as any other critical matters may be addressed in the legal separation documents, as well.

Limited Divorce Legal Assistance in Morgantown, WV

Whether you and your spouse choose to separate informally, file legal separation paperwork, or get a divorce, Angotti & Straface in Morgantown will provide the competent legal guidance required to assist you as you move through the entire process. Couples who later decide to pursue a divorce after limited divorce may refer back to the limited divorce paperwork to use as a framework to use for the final divorce decree. Call Angotti & Straface to schedule a complimentary initial appointment to discuss your situation at: (304) 292-4381.