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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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Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

Ronald N. Walters

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Accident & Injury, Criminal, Bankruptcy & Debt, Family Law, Trusts

Ron has, over the last decade, assisted clients by planning and designing settlements to address future needs and ensure any government benefits are p... (more)

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800-895-9790

16 Capitol St, Charleston, WV 25301

Lyne Ranson

Family Law, Divorce, Divorce & Family Law, Child Support

Status: In Good Standing

CONTACT

1528 Kanawha Boulevard, East, Charleston, WV 25311

Tim C. Carrico

Farms, Family Law, Medical Malpractice, Professional Malpractice

Status: In Good Standing

FREE CONSULTATION

CONTACT

1412 Kanawha Boulevard East, Charleston, WV 25301

Elizabeth S. Lawton

Family Law, Products Liability, Personal Injury, Professional Malpractice

Status: In Good Standing

CONTACT

1411 Virginia Street East, Charleston, WV 25339

Robert P. Martin

Products Liability, Family Law, Antitrust, Dispute Resolution

Status: In Good Standing

CONTACT

500 Virginia Street, East, Charleston, WV 25301

Nathan J. Chill

Family Law, Corporate, Elder Law, Estate Planning

Status: In Good Standing

CONTACT

James Mark Building, 901 Quarrier Street, Charleston, WV 25301

Paula L Wilson

Social Security -- Disability, Family Law, Wills & Probate, Construction

Status: In Good Standing

CONTACT

213 Hale Street, Charleston, WV 25301

Robert Thomas Noone

Social Security -- Disability, Family Law, Workers' Compensation, Adoption

Status: In Good Standing

CONTACT

213 Hale Street, Charleston, WV 25301

Carrie Webster

Criminal, Family Law, Insurance, Mediation

Status: In Good Standing

CONTACT

213 Hale Street, Charleston, WV 25301

John B. Carrico

Criminal, Estate Planning, Family Law, Personal Injury

Status: In Good Standing

FREE CONSULTATION

CONTACT

1412 Kanawha Boulevard East, Charleston, WV 25301

800-923-0641

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LEGAL TERMS

GUARDIANSHIP

A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty... (more...)

A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty to care for the ward. This may involve making personal decisions on his or her behalf, managing property or both. Guardianships of incapacitated adults are more typically called conservatorships .

FAMILY AND MEDICAL LEAVE ACT (FMLA)

A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family hea... (more...)

A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family health needs or personal illness. The employer must allow the employee to return to the same position or a position similar to that held before taking the leave. There are exceptions to the FMLA: the most notable is that only employers with 50 or more employees are covered--about half the workforce.

EQUITABLE DISTRIBUTION

A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equit... (more...)

A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equitable means equal, but in practice it often means that the higher wage earner gets two-thirds to the lower wage earner's one-third. If a spouse obtains a fault divorce, the 'guilty' spouse may receive less than his equitable share upon divorce.

FAMILY COURT

A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), ch... (more...)

A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), child custody and support, guardianship, adoption, and other cases having to do with family-related issues, including the issuance of restraining orders in domestic violence cases.

NO-FAULT DIVORCE

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along... (more...)

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.

DILUTION

A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurr... (more...)

A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurred. In this case, trademark infringement exists even though there is no likelihood of customer confusion, which is usually required in cases of trademark infringement. For example, the use of the word Candyland for a pornographic site on the Internet was ruled to dilute the reputation of the Candyland mark for the well-known children's game, even though the traditional basis for trademark infringement (probable customer confusion) wasn't an issue.

MARTIAL MISCONDUCT

See fault divorce.

CUSTODIAL INTERFERENCE

The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even... (more...)

The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even if the taker also has custody rights.

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.

SAMPLE LEGAL CASES

In re Abbigail Faye B.

... In fact, we specifically have held that, "[a]lthough parents have substantial rights that must be protected, the primary goal ... in all family law matters ... must be the health and welfare of the children." Syl. pt. 3, in part, In re Katie S., 198 W.Va. 79, 479 SE2d 589 (1996). ...

Rosen v. Rosen

... This Court has held that "in reviewing a final order of a circuit judge upon review of, or a refusal to review, a final order of a family court judge we review the findings of fact under a clearly erroneous standard and the application of the law to facts under an abuse of discretion ...

In re Cecil T.

... 496, 266 SE2d 114 (1980). We have further said that "[a]lthough parents have substantial rights that must be protected, the primary goal in cases involving abuse and neglect, as in all family law matters, must be the health and welfare of the children." Syl. Pt. ...

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Wharton Family Law Lawyer, West Virginia

Sponsored Law Firm

The Law Offices of Claude S. Smith III

SPONSORED LAWYERS

Ronald N. Walters

Lyne Ranson

Tim C. Carrico

Elizabeth S. Lawton

Robert P. Martin

Nathan J. Chill

Paula L Wilson

Robert Thomas Noone

Carrie Webster

John B. Carrico

TIPS

LEGAL TERMS

GUARDIANSHIP

FAMILY AND MEDICAL LEAVE ACT (FMLA)

EQUITABLE DISTRIBUTION

FAMILY COURT

NO-FAULT DIVORCE

DILUTION

MARTIAL MISCONDUCT

CUSTODIAL INTERFERENCE

FAULT DIVORCE

SAMPLE LEGAL CASES

In re Abbigail Faye B.

Rosen v. Rosen

In re Cecil T.

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