West Virginia Marital Settlement Agreement
A West Virginia marital settlement agreement lets divorcing spouses divide their marital property and debts, set spousal support, and address custody and child support, then have those terms incorporated into the divorce order. Attorney review available.
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Introduction
West Virginia's equitable-distribution statute starts from an equal split, directing the court to divide the marital property of the parties equally, and a marital settlement agreement is the written contract divorcing spouses use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be incorporated into the order that ends the marriage. West Virginia is an equitable distribution state, but its statute starts from equality: upon every judgment of divorce the court shall divide the marital property of the parties equally (W. Va. Code 48-7-101). Absent a valid separation agreement, the court may alter that equal division only after weighing the factors in W. Va. Code 48-7-103, such as each party's monetary and nonmonetary contributions. A West Virginia marital settlement agreement lets you set the division yourselves instead of leaving it to the court. West Virginia has no statewide formula for spousal support; a court sets the amount and duration by weighing the factors in W. Va. Code 48-6-301. Custody and child support follow the statewide income shares guidelines (W. Va. Code 48-13-101), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. When the spouses present an agreement, the court conforms its order to it if the court finds it fair and reasonable and not obtained by fraud, duress or other unconscionable conduct (W. Va. Code 48-6-201). DocDraft builds your West Virginia marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In West Virginia the court conforms its order to a separation agreement it finds fair and reasonable and not obtained by fraud, duress or other unconscionable conduct (W. Va. Code 48-6-201), and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the order that ends the marriage.
- 2
West Virginia is an equitable distribution state with a statutory presumption of equal division: upon every judgment of divorce the court shall divide the marital property of the parties equally (W. Va. Code 48-7-101).
- 3
Absent a valid separation agreement, a court may alter that equal division by weighing the factors in W. Va. Code 48-7-103, including each party's monetary and nonmonetary contributions and any conduct that dissipated marital property. A West Virginia marital settlement agreement lets the spouses set the division themselves.
- 4
West Virginia has no statewide formula for spousal support. A court sets the amount and duration by weighing the factors in W. Va. Code 48-6-301, such as the length of the marriage, each party's income and earning ability, the standard of living during the marriage, and each party's needs.
- 5
Child support follows West Virginia's statewide income shares guidelines, and there is a rebuttable presumption that the guideline amount is correct (W. Va. Code 48-13-101). Custody and child support stay court-approved and, under all circumstances, always subject to continuing judicial modification, and cannot be bargained away.
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When the spouses execute an agreement, the court conforms its order to it if the court finds the agreement fair and reasonable and not obtained by fraud, duress or other unconscionable conduct, and that its terms would be enforceable if incorporated (W. Va. Code 48-6-201).
- 7
A West Virginia marital settlement agreement must be in writing and signed by both spouses. No West Virginia statute requires the agreement itself to be notarized, but signing before a notary can help prove the signatures are genuine, and the court still reviews the agreement for fairness before conforming its order to it.
Key decisions before you file
Before you file a Marital Settlement Agreement in West Virginia, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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West Virginia Requirements for Marital Settlement Agreement
Equitable Distribution, Presumed Equal
West Virginia is an equitable distribution state with a statutory presumption of equal division. Upon every judgment of divorce the court shall divide the marital property of the parties equally (W. Va. Code 48-7-101), unless the spouses reach their own agreement.
Factors That Alter the Equal Split
Absent a valid separation agreement, a court may alter the equal division only after weighing the factors in W. Va. Code 48-7-103, including each party monetary and nonmonetary contributions and any conduct that dissipated marital property. A West Virginia marital settlement agreement lets the spouses set the division themselves.
No Statewide Spousal Support Formula
West Virginia has no statewide formula for spousal support. A court sets the amount and duration by weighing the factors in W. Va. Code 48-6-301, such as the length of the marriage, each party income and earning ability, the standard of living during the marriage, and each party needs.
Child Support Follows the Guideline
Child support follows West Virginia statewide income shares guidelines, and there is a rebuttable presumption that the guideline amount is correct (W. Va. Code 48-13-101). The spouses may propose an amount, but the court reviews it and child support cannot be bargained away.
Child Support Always Modifiable
Custody and child support terms in a West Virginia marital settlement agreement remain subject to court approval, and child support is under all circumstances always subject to continuing judicial modification (W. Va. Code 48-6-201). These terms are never fixed the way a property division can be.
In Writing and Signed
A West Virginia marital settlement agreement must be in writing and signed by both spouses. No West Virginia statute requires the agreement itself to be notarized, but signing before a notary can help prove the signatures are genuine.
Court Reviews for Fairness
The court conforms its order to the agreement only if it finds the agreement fair and reasonable and not obtained by fraud, duress or other unconscionable conduct, and that its terms would be enforceable if incorporated (W. Va. Code 48-6-201). A court cannot be guaranteed to approve any agreement.
Incorporation Into the Order
Once the court finds the agreement fair, it conforms the relief it is authorized to order to the terms of the agreement (W. Va. Code 48-6-201). Incorporation is what turns the private agreement into enforceable court orders in the West Virginia divorce.