Make Legal West Virginia Property Settlement Forms For Free

West Virginia operates under a principle of equitable distribution, which means the court divides the marital estate in a manner that equitable. There are several steps to the process, and each requires proper management if you want to come away with your fair share.

Under West Virginia law, the courts are required to divide marital property ing to the principle of "equitable distribution." Note that "equitable" does not necessarily mean "equal." That is, the court is not required to simply divide all property in half, but rather to find a fair distribution.

West Virginia is an equitable distribution state. This means property is divided fairly, but not always on a 50/50 basis. There are several factors the courts will consider when making a determination. First, there must be a clear identification of what is marital property and what is separate property.

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.

In West Virginia, any property that belonged to only one spouse before marriage is considered separate property, as is any gift or inheritance received by one spouse. Any property acquired or earned during the marriage is marital property, regardless of which spouse earned or acquired it.

A divorce may be ordered for adultery. Adultery is the voluntary sexual intercourse of a married man or woman with a person other than the offender's wife or husband. The burden is on the party seeking the divorce to prove the alleged adultery by clear and convincing evidence.