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

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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.
In the US, they usually arent done simultaneously. You can file for divorce without filing for a legal separation. If you want a legal separation, you would file for that before filing for a divorce.
The court uses a 50/50 split as a starting point and then considers whether there are factors that should lead to a deviation from that starting point, such as: Your and your spouses contributions to growing or maintaining the value of the property.
Grounds for divorce; desertion. A divorce may be ordered to the party abandoned, when either party willfully abandons or deserts the other for six months.
Generally, separate property is: Anything you earned or owned (or a debt) from before you married or after you separated. 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.

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The judge can say yes to the divorce if the husband and wife have lived in separate places. This separation must last for an entire year. This ground wont work if you have gotten back together at any time during the year. You must have a witness who can testify to back this up.
Some states require separations prior to divorce, others dont, so youll want to get it right. It isnt committing you to a divorce yet - you arent divorced until those final papers are signed.
ing to the WV statutes, ``a) A divorce may be ordered when the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties..

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