West Virginia

West Virginia laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute West Virginia Code
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. Fault based and no-fault
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment
i. Periera and Van Camp in CA
b. Property distribution factors
4. Legal separation?
a. Waiting period/Separation period 1 year
5. Is mediation required
6. Forms used West Virginia Family Court Forms
7. Alimony guidelines and factors WV spousal support
Alimony formula WV spousal support
a. Types (b) Spousal support is divided into four classes which are: (1) Permanent spousal support; (2) temporary spousal support, otherwise known as spousal support pendente lite; (3) rehabilitative spousal support; and (4) spousal support in gross.
b. Term Limits None
Cohabitation An award of spousal support may be reduced or terminated upon remarriage or a de facto marriage of the spousal support payeeWV ST § 48-5-707
c. Imputing income §48-1-205. Attributed income defined.
d. Change in circumstances An award of spousal support may be reduced or terminated upon remarriage or a de facto marriage of the spousal support payee WV ST § 48-5-707
e. Ceases on retirement
Impute income on early retirement
Early retirement for health reasons is involuntary
f. Definition of income
8. Child support factors and guidelines West Virginia Child Support Guidelines
9. Child support calculator West Virginia Child Support calculator
10. Lump Sum  Support allowed? Code Section 48-2-15
11. Valuation
a. Valuation date Complaint
b. Goodwill divisibility Personal goodwill is not divisible.  Enterprise goodwill is divisible. - May v. May, 214 W.Va. 394, 589 S.E.2d 536 (W. Va. 2003)
c. Standard of value Fair market value
d. Discounts Yes- May v May
e. Shareholder/partner agreements
 12. Double dip Impermissible double dip, not issue because personal goodwill not divisible
 a. Stock options  
 b. Retirement accounts  
 c. Child support
 13. Key cases  
 14. Premarital agreements  "prenuptial agreements are allowed WV ST § 48-1-203"
 15. Common law  


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