Download West Virginia Marital Separation Agreement Form [PDF]

The West Virginia separation agreement form is a legal document that outlines the duties and rights of married couples who decide to live apart. Matters like property division, spousal support, and child custody may be covered in a separation agreement form.

Legal separation is similar to divorce, except it prevents spouses from getting married again, and they stay legally married. The formal separation between spouses may be revoked if they choose to reconcile.

Is a Separation Agreement Legal in West Virginia?

Yes, a separation agreement is legal in West Virginia. Married couples are allowed to specify the terms of the separation.

Laws and Legal Requirements for a Marital Separation Agreement in West Virginia

The laws and legal requirements for a marital separation agreement in West Virginia are there to provide guidance to both parties during the process of separation.

Section 48.6.101 of the West Virginia Code states that a separation agreement is a written agreement between husband and wife in which they address different matters related to their separation.

Additionally, if a prenuptial agreement includes a division of property, it will be treated as a separation agreement.

Section 48-4.102 of the West Virginia Code states that spouses may ask the court for separate maintenance instead of divorce if needed.

Signing Requirements for a Marital Separation Agreement in West Virginia

The signing requirements for a marital separation agreement in West Virginia are that the document must be signed voluntarily and in writing by both parties. Spouses may decide to notarize the agreement for additional security. However, this step is not required.

What Does a Marital Separation Agreement in West Virginia Cover?

A marital separation agreement in West Virginia covers a number of issues that need to be addressed when married couples decide to live apart. Property issues and child support are common subjects found in separation agreement templates.

Property matters include managing assets and dividing marital property acquired before the separation. Additionally, the living arrangements should be mentioned to specify how each spouse will live during the separation process.

Agreements for child custody and visitation schedules should be included in the document for any minor children. Also, the amount of child support should be established with the income of both parents taken into consideration.

Certain matters, however, should not be covered by the separation agreement. For example, any future inheritance, personal favors, or debts acquired after separation.