West Virginia is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case. Factors such as one spouses economic misconduct may also be considered.
Is WV A equitable distribution state?
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.
What is considered marital property in West Virginia?
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.
Is West Virginia an alimony state?
West Virginia law allows courts to award alimony, which is called spousal support. Either spouse can be ordered to pay. West Virginia alimony laws are often difficult to apply.
Can I date while separated in WV?
No. As long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof. Divorce paperwork is filed in the Circuit Clerks office in the county courthouse.
Can you empty bank account before divorce?
You can legally withdraw up to half of the money in a joint bank account before the divorce is filed. It is extremely important that this is done before the divorce is filed; otherwise you are violating the law.
How long do you have to be married in WV to get alimony?
Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).
What qualifies a spouse for alimony?
Alimony will be awarded only when a former spouse is unable to meet their needs without financial assistance from a spouse who can afford to pay it.
How long does it take for a divorce to be finalized in WV?
30 to 90 days How long does a divorce take in West Virginia? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.
What is the 10 10 rule in military divorce?
If you were married for at least 10 years to your spouse, and during that time your spouse performed creditable military service for at least 10 years, you can have your portion of the divided military retirement pay sent to you directly from the Defense Finance and Accounting Service (DFAS) instead of from your former