Marital Domestic Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts effective Immediately - West Virginia 2026

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  1. Click ‘Get Form’ to open the Marital Domestic Separation and Property Settlement Agreement in the editor.
  2. Begin by entering the full legal names of both parties at the top of the form, ensuring accuracy for legal purposes.
  3. In Section 1, outline the separation details, including the date of separation and any relevant circumstances. This establishes the context of your agreement.
  4. Proceed to Section 2 to disclose financial information. Each party should list their assets and liabilities clearly, ensuring transparency.
  5. In Section 3, detail how assets will be divided. Clearly describe each item and its current fair market value to avoid future disputes.
  6. Complete Sections 4 through 8 regarding debts, child custody, support obligations, and health insurance provisions. Be thorough in specifying responsibilities.
  7. Review all sections carefully for accuracy before signing. Both parties must sign in front of a notary public as required.

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Though similar, there is a docHub difference between Marital Settlements and Separation Settlement Agreements. The latter involves two individuals who maintain separate residences but remain legally married, while the former involves a complete dissolution of marriage.
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.
Equal division of marital property. Except as otherwise provided in this section, upon every judgment of annulment, divorce or separation, the court shall divide the marital property of the parties equally between the parties.
Generally, separate property is: Anything you earned or owned (or a debt) from before you married or after the date of separation. Anything you buy with separate property or you earn from separate property. Gifts or inheritance (to one of you) even if it was given or inherited when you were married.
West Virginia is an equitable distribution state, not a community property state. This means that all marital property is subject to a fair, though not necessarily equal, division. Some couples can work out property division through negotiations.

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You may have a few options if your ex-spouse violates your MSA, including filing a contempt of court action against your ex-husband or ex-wife, filing a motion to compel, or filing a motion to seek sanctions. The right choice will depend on the provisions that have been violated and your end goal.

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