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Marital Domestic Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts where Divorce Action Filed - West Virginia

Marital Domestic Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts where Divorce Action Filed - West Virginia 2025

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The document WV-DO-11 is a legal Separation Agreement for married couples in West Virginia contemplating divorce, specifically addressing issues related to child custody, property division, debts, and spousal support. It outlines the responsibilities of both parties regarding their assets and liabilities, child support arrangements, visitation rights for minor children, and the necessity of consulting an attorney before execution. The agreement aims to settle all rights and obligations between the parties prior to finalizing the divorce.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Is West Virginia a joint property state?

West Virginia follows the principle of equitable distribution in divorce; its not a 50/50 or community property state. That means the court needs to find a division of property that is fair, but not necessarily equal.

What assets are untouchable in a divorce?

Assets you had before marriage or those you inherited typically fall into this category. As long as you havent mixed these assets with marital property, they remain separate. For example, if one spouse inherited a valuable painting or received a large gift, the court generally wont divide these items.

Is my wife entitled to half my savings?

In community property states, the court generally divides marital assets equally, regardless of each spouses employment status. However, in equitable distribution states, the division of assets will consider factors like the length of the marriage and each spouses contributions, which may not result in a 50/50 split.

What assets cannot be touched in divorce?

Assets that may be protected from equitable distribution during a divorce are typically belong to one of two types: premarital property that has been kept from being commingled or transitioned and gifts or inheritances.

What is a red flag that a spouse is hiding assets?

A spouse who is concealing assets might start to control conversations around money, evade questions, and show a heightened sense of defensiveness. They might also begin to receive mail from banks or financial institutions that you were previously unaware of, potentially indicating the opening of new accounts.

What is the difference between a marital separation agreement and a marital settlement agreement?

A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.

How is property divided in a divorce in WV?

Depending on the situation, the court may simply award ownership of each piece of property to one spouse or the other, or it may order that certain pieces of property be sold with the proceeds divided between the spouses. The courts goal is to reach a fair solution and leave your finances as disentangled as possible.