West Virginia Separation Agreement Template

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Updated April 08, 2023

A West Virginia separation agreement enables the spouses in a marriage to set enforceable terms for a period when they no longer wish to live together but do not yet want to get divorced.

Separation agreements can establish many of the same things that divorce can, but couples remain married. West Virginia offers a court-overseen option called separate maintenance, or couples can create a separation agreement and enforce it as a contract.

Is a Separation Agreement Legal in West Virginia?

Yes, spouses can use separation agreements, along with declaring their intent to live separate and apart, to divide property, determine child support, and settle child custody questions.

Source: §48-6-101

Legal Separation Requirements

  • Filing Fee: $135 (Separate Maintenance)
  • Residency: If the marriage took place in the state, a petition may be filed as soon as one spouse is a bona fide resident of the state; if the marriage took place out of state, then one spouse must be a resident for at least a year immediately prior to filing (§48-5-105)
  • Where to File: With the Family Circuit Court for the county where at least one spouse resides

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