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Marital Domestic Separation and Property Settlement Agreement no Children parties may have Joint Property or Debts where Divorce Action Filed - West Virginia 2025

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The document is a Marital Separation and Property Settlement Agreement for married couples in West Virginia without children. It outlines the terms for separating assets, debts, and responsibilities prior to divorce proceedings. The agreement emphasizes the need for both parties to consult with an attorney, details the division of property and liabilities, and includes provisions for spousal support, future earnings, and legal enforcement. It requires notarization and is subject to court approval.

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Click ‘Get Form’ to open it in the editor.
Begin by entering the full legal names of both parties at the top of the form, ensuring accuracy for legal purposes.
In Section 1, confirm your separation status and initial next to each party's name to indicate agreement on living separately.
Proceed to Section 2 and provide financial disclosures. Each party should list their assets and liabilities clearly, ensuring transparency.
In Section 3, detail the division of assets. Clearly describe each item being awarded to either party along with its current fair market value.
Move to Section 4 to outline debts. Specify which debts each party will be responsible for, ensuring clarity on financial obligations.
Review all sections carefully for completeness and accuracy before proceeding to sign. Both parties must sign in front of a notary public.

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

What is the settlement for divorce in West Virginia?

In West Virginia, each spouse is generally entitled to half the property acquired during the marriage. This is the basis of equitable distribution. Not all property is equitably divided in half. Spouses may have and keep their separate property.

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 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.

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.

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.