Posted by DivorceLine in West Virginia Divorce Procedures
Complete overview of West Virginia divorce laws for people considering a West Virginia divorce or filing a West Virginia divorce with issues to be resolved about child custody, child support, visitation and alimony.
West Virginia Divorce Residency Requirements
In order to file your Petition for Divorce in West Virginia, you must make sure the Circuit Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the West Virginia residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
In an action for divorce at least one of the spouses must have been a resident of the state for at least 1 year, except if the marriage took place in West Virginia, the 1 year residency requirement is waived.
The divorce shall be filed as follows: (a) If the respondent in an action for divorce is a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the respondent resides. (b) If the respondent in an action for divorce is not a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the petitioner resides. (West Virginia Code – Sections: 48-5-201).
West Virginia Grounds for Divorce
The Petition for Divorce is the initial document filed with the West Virginia court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.
A divorce may be ordered:
No-Fault Based Grounds:
(a) Living separate and apart without cohabitation for at least 1 year. The separation may be voluntary by one spouse or mutually agreed upon. (b) Irreconcilable differences between the two parties.
Fault Based Grounds:
(1) Reasonable apprehension of bodily harm; (2) False accusation of adultery or homosexuality; or (3) Conduct or treatment which destroys or tends to destroy the mental or physical well-being of the other spouse (4) Adultery. (5) Conviction of a Felony. (6) Incurable Insanity. (7) Habitual Alcohol or drug use. (8) Willful neglect or abuse of spouse or child. (West Virginia Code – Sections: 48-5-202 and 48-5-209).
West Virginia Uncontested Divorce
This information is an overview of the uncontested West Virginia divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in West Virginia.
To file for a divorce in West Virginia, one of the spouses must have been a resident of the state for at least one year immediately prior to the filing. When the couple were married in West Virginia, there is no time limit to the residency requirement. A divorce is filed in the county 1) where the couple last lived, 2) where the Defendant lives if he or she is a resident; 3) where the Plaintiff lives, if the Defendant is a nonresident.
Grounds for divorce are No-Fault, 1) “[i]rreconcilable differences have arisen between the spouses” or 2) they have lived “separate and apart without cohabitation for a year.”
Fault grounds are: a) adultery, b) abandonment for six months, c) alcoholism and/or drug addiction, d) confinement for incurable insanity for three years, e) physical abuse or reasonable apprehension of physical abuse of a spouse or child, f) conviction of a felony, g) cruel and inhuman treatment, including false accusations of adultery or homosexuality, h) willful neglect of a spouse or child, i) habitual intemperance.
Actions are filed in the Circuit Court of the county. The spouse filing the action is the Petitioner; the spouse responding is the Respondent.
Legal separations are permitted under the same grounds as divorce when one of the spouse has been a resident of West Virginia for a year prior to the filing.
West Virginia permits a simplified divorce. In this routine, one spouse files a verified complaint on grounds of irreconcilable differences and the other responds with a verified answer admitting the allegation. No witnesses are required or any proof of irreconcilable differences.
All divorce papers are filed with the clerk of the court, who assigns the case a docket number. In all divorce actions, the following forms must be filed with the clerk of the circuit court in all cases:
> The Petition for Divorce (SCA-FC-101), which tells the court the reasons the divorce should be granted and details how the Petitioner wants to handle such matters as spousal support, custody of children and their support and division of property;
> Civil Case Information Statement for Domestic Relations (SCA-FC-103), which gives the court information about parties;
> Financial Statement (SCA-FC-106), which each spouse completes and which profiles the assets and liabilities of each spouse as well as their marital property;
> The Vital Statistics Form (SCA-FC-104), which is used to keep current the state’s records of births, deaths, marriage and divorces.
In divorces involving minor children or spousal support, the Petitioner must also file:
> A Bureau for Child Support Enforcement Application and Income Withholding Form (SCA-FC-113), which is used a) if minor children are involved, or b) if spousal support is requested by either party. The Respondent also files this form with his or her Answer to the Petition.
> A Proposed Parenting Plan, which outlines the proposed terms and conditions of custody and visitation (and is subject to modification during the divorce negotiations);
> A Parent Education Notice, which explains that both parents must complete a Parent Education Class.
After filing in the clerk’s office, the divorce papers must be properly served. The Respondent must be served with a copy of the Petition, the Summons as well as the other forms filed with the court. Here are the ways these papers are served:
> Personal service by the Sheriff’s Department, which gives the Respondent 20 days from the date of service of process to serve the Petitioner with an Answer.
> Personal service by a private process server, which may be done by any person who is 18 years or older other than the Petitioner, and also gives the Respondent 20 days to file an answer. The person who delivers the divorce paper must file an Affidavit of Service, certifying delivery.
> Service by certified mail, which is arranged by the clerk’s office. The divorce papers are mailed to the Respondent certified, restricted delivery, return recipient requested. The signed recipient — the green card — becomes part of the record of the case.
> Service by Publication, which can be used only in two situations: a) when the Respondent’s location is unknown and 2) when the Respondent lives out of state and will not accept service by certified mail. The Petitioner must make a diligent search for the missing spouse, and look for him or her in all reasonable locations. To use it, the Petitioner must complete an Affidavit of Nonresidency, file it with the Deputy Clerk, who, in turn, completes an Order for Publication (SCA-FC-111). The Order of Publication permits the Petitioner to publish the notice in a newspaper, once a week for two weeks. After publication, the Petitioner completes an Affidavit of Publication. This certifies that the publication happened. This method gives the Respondent 30 days to file an Answer.
Even if 1) and 2) apply, Service by Publication may not be used when the Petitioner’s sole ground for the divorce is irreconcilable differences.
A Respondent may sign an Acceptance of Service (SCA-FC-105) when he or she voluntarily accepts the divorce papers. This step moves the divorce along a simplified track.
The Respondent may also file a Soldiers’ and Sailors’ Relief Act Waiver if he or she is in the military and agrees to waive the protections from civil litigation given by the Servicemembers Civil Relief Act.
In West Virginia, the Petition for Divorce lists irreconcilable differences as a ground in all actions, and this condition stands unless the Petitioner removes it. The most common grounds for divorces are:
> Irreconcilable differences, in which the Respondent files an Answer admitted irreconcilable differences. In this routine, the Petitioner or the Respondent must attend a final hearing.
> One year separation, which also requires that the Petitioner or the Respondent must attend a final hearing. Going the one-year separation route also requires a witness at the final hearing.
A Respondent may file an Answer (SCA-FC-108) in the event that he or she disputs allegations made in the petition.
West Virginia Simplified Divorce Procedures
If 1 spouse files a verified complaint for divorce on the grounds of “irreconcilable differences,” the other spouse may file a verified “answer” admitting the “irreconcilable differences” and a divorce will be granted. Circuit clerks are required to have supplies of an official “petition” and an “answer” form on hand, free of charge. No witnesses will be necessary for any proof for a divorce on the grounds of “irreconcilable differences.” In other cases, witnesses will be required. The court may approve or reject a marital settlement agreement of the spouses. Standard financial disclosure forms are required to be filed. [West Virginia Code; Sections 48-5-402, 48-5-403, 48-6-201, 48-7-201, and 48-7-203 and West Virginia Rules of Civil Procedure; Rule 80].
West Virginia Property Division Factors
In West Virginia, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Circuit Court within the Decree of Divorce.
West Virginia is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the Circuit Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Circuit Court to be fair.
Marital property of the parties shall be divided equitably between the parties after a consideration of the following: (A) The extent to which each party has contributed to the acquisition, preservation and maintenance, or increase in value of marital property by monetary contributions; (B) The extent to which each party has contributed to the acquisition, preservation and maintenance or increase in value of marital property by nonmonetary contributions; (C) The extent to which each party expended his or her efforts during the marriage in a manner which limited or decreased such party’s income-earning ability or increased the income-earning ability of the other party; (D) The extent to which each party, during the marriage, may have conducted himself or herself so as to dissipate or depreciate the value of the marital property of the parties.
An award may be ordered of the exclusive use and occupancy of the marital home to a party. An order granting use and occupancy of the marital home shall include the use of any necessary household goods, furniture and furnishings. The order shall establish a definite period for the use and occupancy, ending at a specific time set forth in the order, subject to modification upon the petition of either party.
Marital misconduct shall not be considered by the court in determining the proper distribution of marital property. (West Virginia Code – Sections: 48-5-604, 48-5-612, 48-7-101).
West Virginia Spousal Support/Maintenance/Alimony Factors
In West Virginia the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Circuit Court will order support from one spouse to the other on a case-by-case basis as follows:
The following factors are considered by the court when awarding spousal support: (A) The duration of the marriage; (B) The period of time during the spouses actually cohabitated; (C) The income of the spouses; (D) The income-earning abilities of each of the parties, based upon such factors as educational background, training, employment skills, work experience, length of absence from the job market and custodial responsibilities for children; (E) The property awarded by agreement or by the court. (F) The ages and the health condition of each party; (G) The educational qualifications of each party; (H) The postponement of education to further the earning capacity of the other (I) The standard of living established while married; (J) The likelihood that the party seeking spousal support, child support or separate maintenance can substantially increase his or her income-earning abilities within a reasonable time by acquiring additional education or training; (K) Any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party; (L) The anticipated expense of obtaining the education and training; (M) The educational costs of any children; (O) health care cost for the children; (P) The tax ramifications to each party; (Q) The extent to which it would be inappropriate for a party, because said party will be the custodian of a minor child or children, to seek employment outside the home; (R) The financial need of each party; (S) The legal obligations of each party to support himself or herself and to support any other person; (T) Costs and care associated with a minor or adult child’s physical or mental disabilities; and (U) Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable grant of spousal support, child support or separate maintenance. (West Virginia Code – Sections: 48-6-301, 48-8-104).
West Virginia Child Custody Factors
In West Virginia, the court will always make a decision in the child’s best interests, by facilitating:
(A) Stability of the child;
(B) Parental planning and agreement about the child’s custodial arrangements and upbringing;
(C) Continuity of existing parent-child attachments;
(D) Meaningful contact between a child and each parent;
(E) Caretaking relationships by adults who love the child, know how to provide for the child’s needs, and who place a high priority on doing so;
(F) Security from exposure to physical or emotional harm; and
(G) Expeditious, predictable decision-making and avoidance of prolonged uncertainty respecting arrangements for the child’s care and control. (West Virginia Code – Sections: 48-9-102, 48-9-201, 48-11-201).
West Virginia Child Support Factors
Either parent may be required to provide periodic child support payments, including health insurance coverage. These guidelines do not take into account the economic impact of the following factors that may be possible reasons for deviation: (1) special needs of the child or parent, including but not limited to, the special needs of a minor or adult child who is physically or mentally disabled; (2) educational expenses for the child or the parent; (3) families with more than 6 children; (4) long-distance visitation costs; (5) if the child resides with another person; (6) needs of another child or children to whom the parent owes a duty of support; (7) the extent to which the parent’s income depends on nonrecurring or nonguaranteed income; or (8) whether the total of spousal support, child support, and childcare costs subtracted from a parent’s income reduces that income to less than the federal poverty level. One of the parents may also be granted exclusive use of the family home and all the goods and furniture necessary to help in the rearing of the children. The court may require health and hospitalization insurance coverage as child support. Provisions for income withholding shall be included in every divorce decree to guarantee the support payments. Child support guidelines are available from the West Virginia Child Advocate Office and are in the statute. These guidelines are presumed to be correct, unless it is shown that the amount is unjust or inappropriate under the particular circumstances of a case. [West Virginia Code; Sections 48-13-301 and 48-13-702].
West Virginia Grandparent’s Rights
Grandparent Rights to Visitation: Grandparents may get visitation when a court orders divorce or separate maintenance and the grandparent’s child fails to appear and defend the action or when the whereabouts of that parent are unknown to both the other parent and the grandparent seeking visitation. After a decree of divorce ’ annulment or separate maintenance has been entered, grandparent may petition for visitation when that grandparent’s child is the noncustodial parent and that parent has refused, failed, or has been unable to have visitation for a period of six months or more or has been precluded from visitation by a court order or is in the Armed Services and stationed more than one hundred miles from the state border and the grandparent had been refused visitation with the child by the custodial parent for a period of six months or more. A grandparent whose child is deceased may also petition for visitation. Grandparent visitation is also permitted when the child has resided with the grandparent and the parents have resided elsewhere without significant interruption for a period of six consecutive months or more within the previous two year period, the child was removed from the home of the grandparent by the parent, and the removing parent has refused to allow the grandparent visitation. In all cases, the visitation must be found to be in the child’s best interest. Chapter 48, Article 2B, Section 48-2B-1 (W.V.C. § 482B-1 et seq.).
When Adoption Occurs: Adoption terminates all rights.
Child Custody Statutes: No statutory factors. Presumption in favor of primary caretaker. W.V.C. §48-2-15
Parents May Choose: Yes
West Virginia Military Divorce Laws
A West Virginia military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.
Military Protection From West Virginia Divorce Proceedings
There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.
Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local West Virginia court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.
Serving an Active Military Spouse
The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a West Virginia court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.
Residency and Filing Requirements
The typical military divorce filing requirements are as follows:
- You or your spouse must reside in West Virginia
- You or your spouse must be stationed in West Virginia
Grounds for West Virginia Military Divorce
The grounds for a military divorce in West Virginia are the same as a civilian divorce.
Dividing the Property
Along with the normal West Virginia property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.
The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
Child Support and Spousal Support
In West Virginia, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal West Virginia child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.
West Virginia Child Support Guidelines
The West Virginia child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate West Virginia child support order.
West Virginia Child Support Guidelines
Income Share Model *: YES
Percent of Income Model *: NO
Worksheets Available: YES
Extraordinary Medical Expenses Add on: YES
Childcare Add on: YES
Secondary Education Support: NO
UIFSA: NO
* The Income Shares Model: West Virginia child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the West Virginia child support worksheet and the estimated incomes are typically substantiated by past pay stubs or w-2s.
For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.
As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.
For example: It is not common for a custodial parent to be paying support to a non-custodial parent.
West Virginia Child Support Definitions
DEFINITIONS OF TERMS USED TO CALCULATE THE SUPPORT:
Adjusted gross income.
(a) “Adjusted gross income” means gross income less the payment of previously ordered child support, spousal support or separate maintenance.
(b) A further deduction from gross income for additional dependents may be allowed by the court or master if the parent has legal dependents other than those for whom support is being determined. An adjustment may be used in the establishment of a child support order or in a review of a
child support order. However, in cases where a modification is sought, the adjustment should not be used to the extent that it results in a support amount lower than the previously existing order for the children who are the subject of the modification. The court or master may elect to use the following adjustment because it allots equitable shares of support to all of
the support obligor’s legal dependents. Using the income of the support obligor only, determine the basic child support obligation (from the table of basic child support obligations in section three, article one-b of this chapter) for the number of additional legal dependents living with the support
obligor. Multiply this figure by 0.75 and subtract this amount from the support obligor’s gross income.
(c) As used in this section, the term “legal dependents” means:
(1) Minor natural or adopted children who live with the parent; and
(2) Natural or adopted adult children who are totally incapacitated because of physical or emotional disabilities and for whom the parent owes a duty of support.
Attributed income.
(a) “Attributed income” means income not actually earned by a parent, but which may be attributed to the parent because he or she is unemployed, is not working full time, or is working below full earning capacity, or has nonperforming or under-performing assets. Income may be attributed to a parent if the court or master evaluates the parent’s earning capacity in the
local economy (giving consideration to relevant evidence that pertains to the parent’s work history, qualifications, education and physical or mental condition) and determines that the parent is unemployed, is not working full time, or is working below full earning capacity. Income may also be attributed to a parent if the court or master finds that the obligor has nonperforming or under-performing assets.
(b) If an obligor: (1) Voluntarily leaves employment or voluntarily alters his or her pattern of employment so as to be unemployed, underemployed or employed below full earning capacity; (2) is able to work and is available for full-time work for which he or she is fitted by prior training or experience; and (3) is not seeking employment in the manner that a reasonably prudent person in his or her circumstances would do, then an alternative method for the court or master to determine gross income is to attribute to the person an earning capacity based on his or her previous income. If the obligor’s work history, qualifications, education or physical or mental condition cannot be determined, or if there is an inadequate record of the obligor’s previous income, the court or master may, as a minimum, base attributed income on full-time employment (at
forty hours per week) at the federal minimum wage in effect at the time the support obligation is established.
(c) Income shall not be attributed to an obligor who is unemployed or underemployed or is otherwise working below full earning capacity if any of the following conditions exist:
(1) The parent is providing care required by the children to whom the parties owe a joint legal responsibility for support, and such children are of preschool age or are handicapped or otherwise in a situation requiring
particular care by the parent;
(2) The parent is pursuing a plan of economic self-improvement which will result, within a reasonable time, in an economic benefit to the children to whom the support obligation is owed, including, but not limited to, self-employment or education: Provided, That if the parent is involved in an educational program, the court or master shall ascertain that the person is making substantial progress toward completion of the program;
(3) The parent is, for valid medical reasons, earning an income in an amount less that previously earned; or
(4) The court or master makes a written finding that other circumstances exist which would make the attribution of income
inequitable: Provided, That in such case, the court or master may decrease the amount of attributed income to an extent required to remove such inequity.
(d) The court or master may attribute income to a parent’s
nonperforming or under-performing assets, other than the parent’s primary residence. Assets may be considered to be nonperforming or under-performing to the extent that they do not produce income at a rate equivalent to the current six-month certificate of deposit rate, or such other
rate that the court or master determines is reasonable.
Automatic data processing and retrieval system.
“Automatic data processing and retrieval system” means a computerized data processing system designed to do the following:
(1) To control, account for and monitor all of the factors in the support enforcement collection and paternity determination process, including, but not limited to:
(A) Identifiable correlation factors (such as social security numbers, names, dates of birth, home addresses and mailing addresses of any individual with respect to whom support obligations are sought to be established or enforced and with respect to any person to whom such support obligations are owing) to assure sufficient compatibility among the systems of different jurisdictions to permit periodic screening to determine whether such individual is paying or is obligated to pay support in more than one jurisdiction;
(B) Checking of records of such individuals on a periodic basis with
federal, interstate, intrastate and local agencies;
(C) Maintaining the data necessary to meet applicable federal reporting requirements on a timely basis; and
(D) Delinquency and enforcement activities;
(2) To control, account for and monitor the collection and distribution of support payments (both interstate and intrastate) the determination, collection and distribution of incentive payments (both interstate and intrastate), and the maintenance of accounts receivable on all amounts owed, collected and distributed;
(3) To control, account for and monitor the costs of all services rendered, either directly or by exchanging information with state agencies responsible for maintaining financial management and expenditure information.
(4) To provide access to the records of the department of health and human resources in order to determine if a collection of a support payment causes a change affecting eligibility for or the amount of aid under such program;
(5) To provide for security against unauthorized access to, or use of, the data in such system;
(6) To facilitate the development and improvement of the income withholding and other procedures designed to improve the effectiveness of support enforcement through the monitoring of support payments, the maintenance of accurate records regarding the payment of support and the prompt provision of notice to appropriate officials with respect to any arrearage in support payments which may occur; and
(7) To provide management information on all cases from initial referral or application through collection and enforcement.
Basic child support obligation.
“Basic child support obligation” means the base amount of child support due by both parents as determined by the table of basic child support obligations set forth in section three, article one-b of this chapter, based upon the combined adjusted gross income of the parents and the number of children to whom support is due.
Chief judge.
“Chief judge” means the circuit judge in a judicial circuit that has only one circuit judge, or the chief judge of the circuit court in a judicial circuit that has two or more circuit judges.
Child support enforcement division.
“Child support enforcement division” means the agency created under the provisions of article two of this chapter, or any public or private entity or agency contracting to provide a service. The “child advocate office” or” child support enforcement division” is that agency intended by the Legislature to be the single and separate organizational unit of state government administering programs of child and spousal support enforcement and meeting the staffing and organizational requirements of the secretary of the federal department of health and human services.
A reference in this chapter and elsewhere in this code to the “child advocate office” shall be interpreted to refer to the child support enforcement division.
West Virginia Divorce Definitions
This collection of definitions will help clarify some unique characteristics to the West Virginia Divorce laws, process and paperwork which is filed with the court.
Filing Party Title:
Petitioner
The spouse who will initiate the Divorce by filing the required paperwork with the court.
Non-Filing Party Title:
Respondent
The spouse who does not initiate the Divorce with the court.
Court Name:
Circuit Court of ___________ County, West Virginia
The proper name of the court in which a Divorce is filed in the state of West Virginia. Each jurisdictional court typically has a domestic relations or a family law department or division.
The state run office devoted to enforcing existing child support orders and collecting any past due child support.
Document Introduction:
In Re the Marriage of:
The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.
Initial Divorce Document:
Petition for Divorce
The title and name of the legal document that will initiate the West Virginia Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.
Final Divorce Document:
Decree of Divorce
The title and name of the legal document that will finalize the West Virginia Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.
Clerk’s Office Name:
Office of the Clerk of the County Circuit Court
The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.
The grounds for legal separation (separate maintenance) are the same as for divorce. One of the spouses must have been a resident of West Virginia for at least 1 year prior to filing for legal separation. [West Virginia Code; Section 48-5-501].
Property Distribution:
Equitable Distribution
The applicable West Virginia law that will dictate how property and debt is to be divided upon Divorce.
