The following form is a Property Settlement and Joint Custody Agreement.
West Virginia Annulment Property Settlement and Joint Custody Agreement
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FAQ
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.
However, it is possible for property that was originally separate to become marital property through a process called commingling, which essentially means using the separate property as though it were marital.
West Virginia law permits civil annulments if one party has not had a previous marriage dissolved, has a sexually transmitted infection, or is impotent. It also prohibits marriages between closely related family members.
Depending on factors like whether a couple pursues a contested or uncontested divorce and how long litigation takes, the length of a divorce will vary. However, the average time it takes to resolve a divorce in West Virginia is about one year.
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.
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.
The house cannot be physically split in half, so one party can keep it, it can be sold, or it can continue to be co-owned. The marital home is a significant piece of property in a divorce because it is usually the largest and most expensive asset you own.
Generally, marital property consists of all debts and assets acquired during the marriage, and separate property includes: Property acquired prior to the marriage or after a legal separation. Property acquired with separate property.