West Virginia Divorce Settlement Agreement Template

West Virginia Divorce Settlement Agreement Template

The West Virginia Divorce Settlement Agreement form is a legal document that outlines the terms of a divorce, including property division, child custody, and support arrangements. This form serves as a crucial tool for couples to reach a mutual understanding and finalize their divorce process. To begin your journey towards a smooth divorce settlement, fill out the form by clicking the button below.

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Divorce can be a challenging and emotional process, and having the right tools can make it easier for everyone involved. One essential document in this journey is the West Virginia Divorce Settlement Agreement form. This form serves as a comprehensive outline of the agreements reached between spouses regarding key aspects of their separation. It typically addresses matters such as the division of marital property, spousal support, child custody, and visitation rights. By clearly detailing these agreements, the form helps to minimize misunderstandings and disputes in the future. Additionally, it provides a legal framework that supports the decisions made by both parties, ensuring that each individual's rights and responsibilities are respected. Understanding the nuances of this form can empower individuals to navigate their divorce with greater confidence and clarity.

West Virginia Divorce Settlement Agreement Example

West Virginia Divorce Settlement Agreement

This Divorce Settlement Agreement (“Agreement”) is made on this ______ day of ______________, 20___, by and between ____________________ (hereinafter “Spouse 1”), and ___________________________ (hereinafter “Spouse 2”), who, having been legally married to each other on the ______ day of ________________, 20___, in the County of ___________________, State of West Virginia, have mutually agreed to dissolve their marriage and to settle between themselves all matters concerning their marital assets, child custody and support, alimony, debt division, and any other issues arising from their marriage.

WHEREAS, Spouse 1 and Spouse 2 desire to formalize their agreement concerning the division of their marital and property rights and their responsibilities concerning their minor children (if any) as required by the laws of the State of West Virginia.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows:

  1. Children: The parties [__] have minor children from this marriage.
    1. Custody and Visitation Rights: The parties agree that the custody of the minor children shall be awarded to [Name of parent awarded custody or state “joint”], with the right of visitation for the non-custodial parent as per the schedule attached hereto.
    2. Child Support: Child support shall be paid by the non-custodial parent in the amount of $[Amount] per month until the child(ren) reach the age of 18 or complete high school, whichever occurs later, in accordance with West Virginia Child Support Guidelines.
  2. Alimony/Spousal Support: The parties [__] agree / [__] do not agree to alimony or spousal support payments. If agreed, the terms are as follows: $[Amount] per month for a term of [Term].
  3. Division of Marital Property: The parties have reached an agreement on the division of marital property, including but not limited to real estate, vehicles, financial accounts, and personal property. A detailed list of the division is attached hereto.
  4. Division of Debt: The parties agree that marital debt shall be divided as follows: [Describe division of debt]. Each party agrees to assume responsibility for the debt assigned to them and to hold the other party harmless.
  5. Legal Names: After the dissolution of marriage, Spouse 1 [__] wishes / [__] does not wish to return to their former name of [Former Name]. Spouse 2 [__] wishes / [__] does not wish to return to their former name of [Former Name].
  6. Additional Agreements: Any additional agreements made by the parties concerning the division of property, debt, or any other matters are as follows:
    • [Additional Agreement 1]
    • [Additional Agreement 2]
    • [Additional Agreement 3]
  7. Entire Agreement: This Agreement contains the entire agreement between the parties concerning the dissolution of their marriage and supersedes all prior agreements and understandings, whether written or oral.
  8. Amendment: This Agreement may only be amended or modified by a written document signed by both parties.
  9. Governing Law: This Agreement shall be governed by the laws of the State of West Virginia, without regard to its conflict of law principles.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the first date written above.

_________________________________
Spouse 1: [Full Name of Spouse 1]

_________________________________
Spouse 2: [Full Name of Spouse 2]

File Details

Fact Name Details
Governing Law The West Virginia Divorce Settlement Agreement is governed by West Virginia Code §48-5-601 et seq.
Purpose This form outlines the terms of a divorce settlement between spouses, addressing issues such as property division, alimony, and child custody.
Mutual Agreement Both parties must agree to the terms outlined in the settlement agreement for it to be valid.
Filing Requirement The completed agreement must be filed with the court as part of the divorce proceedings.
Signature Requirement Both spouses must sign the agreement, indicating their consent to the terms.
Child Support Provisions If applicable, the agreement must include provisions for child support, in accordance with state guidelines.
Property Division The agreement should clearly delineate how marital property will be divided between the parties.
Modification Clause Provisions for modifying the agreement may be included, should circumstances change in the future.
Enforcement If one party fails to comply with the agreement, the other party can seek enforcement through the court.
Legal Counsel It is advisable for both parties to seek legal counsel before signing the agreement to ensure their rights are protected.
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