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The general rule is that marital property should be divided in half between the husband and wife. This rule applies unless there is a good reason that one spouse should have more or less than half.
There is no separation requirement before divorce EXCEPT for divorces on One Year Separation. However, every divorce petition must give the date the spouses last lived together. The period of separation can be important in a variety of ways.
When a couple divorces in West Virginia, the court will divide the marital property based on equitable distribution. Equitable division does not have to be equal, but the court must start by presuming that all the marital property will be split equally between the spouses.
West Virginia law is very clear that in fault-based divorces, the judge shall (must) take adultery into account when making alimony decisions. The judge can adjust the amount or duration of an alimony award when a spouse has committed adultery.
West Virginia doesnt offer legal separation. Instead, you can file for separate maintenance, which is similar to a legal separation and allows the court to determine the same issues as though it was a divorcebut in the end, youre still legally married to your spouse.
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There are many factors to consider, including assets, incomes, living expenses, inflation, alimony, child support, taxes, retirement plans, investments, medical expenses and health insurance costs, and child-related expenses such as education.
Divorce with Mutual Consent Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years, the couple only needs to provide that they have not been living as husband and wife during this period.
Payments are typically deducted from the paying spouses income, but may be extracted from other property, investments, etc. upon court order. West Virginia state law mandates that spousal support be fair and not in excess of the paying spouses ability to pay.
An Illinois marital settlement agreement is a contract that lays out how a married couple intends to manage their child care responsibilities and divide marital property after a divorce.
Property Division in West Virginia When a couple divorces in West Virginia, the court will divide the marital property based on equitable distribution. Equitable division does not have to be equal, but the court must start by presuming that all the marital property will be split equally between the spouses.

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