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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.
Property Division in West Virginia 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. From there, a set of factors will be considered that may result in a shift in the balance from one spouse to the other.
You can find an answer form on the West Virginia Supreme Court of Appeals website here. You should fill out the forms for the Respondent. You can also get an Answer form in the circuit clerk's office. The answer states whether you agree to the divorce.
You can obtain a divorce without the assistance of an attorney, but if minor children will be involved in your divorce, if you and your spouse own a home or business, or if you or your spouse have a pension or retirement plan, your custody, property, and support rights may be better protected with the help of an ...
§48-5-202. (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.