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In West Virginia, marital property shall be divided equally upon divorce. (West Virginia Code Chapter 48 Domestic Relations Article 7 Equitable Distribution of Property Section 101) In the absence of an agreement between the parties, the Court may order the distribution of property, without regard to fault, after considering all relevant factors including: the extent to which each party contributed to the acquisition, preservation and maintenance of marital property; the extent to which each party made efforts regarding the income earning ability of either party, and; the extent to which each party depreciated or spent the marital property. (West Virginia Code Chapter 48 Domestic Relations Article 7 Equitable Distribution of Property Section 103)
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