How is debt and property handled in a divorce?

In West Virginia, debt and property division in divorce cases is divided according to the laws of "equitable distribution" that determine the fair division between spouses. According to this principle, the court will examine all debts and assets of the couple, including financial accounts, other types of property, and any other debts. The court will also examine any contributions that each spouse made to the marriage. The court will typically consider factors such as the length of the marriage, the income of each spouse, and the earning capacity of each, in order to ensure an equitable outcome. This ensures that both spouses are treated equally and fairly. Once the court has determined each spouse’s contributions and debts, it will divide the property and debts between them in a way that is fair and equitable. Depending on the situation, each may receive an equal share, or the court may award property and debts unequally. The court will also make an order dictating which debts are to be paid by each spouse. This can be done through the division of the marital debts or through the court ordering an additional amount to be paid. This amount may be paid out of the joint assets or from the income of one spouse. The court will ultimately make the final ruling in each situation, taking into account the laws of equitable distribution, and the financial circumstances of each spouse.

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