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.[1]
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.[2]
- Where to File: With the Family Circuit Court for the county where at least one spouse resides
Sample