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WV Code § 48-5-613 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 5. Divorce|§48-5-613. Former Name of Party; Restoration

The court, upon ordering a divorce, shall if requested to do so by either party, allow such party to resume the name used prior to his or her marriage without the necessity of filing a separate petition pursuant to section one hundred one, article twenty-five, chapter forty-eight of this code. If a name change is requested, the court shall also issue a certificate of divorce reflecting that change in name. The certificate shall be no longer than one page. For purpose of confidentiality, the certificate shall not be considered an order. The certificate shall include the style of the divorce case, the name on the birth certificate of the party requesting the name change, that party's date of birth, that party's social security number, the date on which the name change is effective, and the new name of that party. In order to be valid, the certificate shall be certified by a clerk of the court. The certified certificate may be used by that person for all lawful purposes, including as a proof of legal name change for driver licensing purposes or state identification card at the Division of Motor Vehicles.
WV Code § 48-5-701 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 5. Divorce|§48-5-701. Revision of Order Concerning Spousal Support

§48-5-701. Revision of order concerning spousal support.After the entry of a final divorce order, the court may revise the order concerning spousal support or the maintenance of the parties and enter a new order concerning the same, as the circumstances of the parties may require.
WV Code § 48-5-702 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 5. Divorce|§48-5-702. Revision of Order Enjoining Abuse

After entering an order enjoining abuse in accordance with the provisions of section 5-509, the court may, from time to time afterward, upon motion of either of the parties and upon proper service, revise the order and enter a new order concerning the same as the circumstances of the parties and the benefit of children may require.
WV Code § 48-5-703 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 5. Divorce|§48-5-703. Revision of Order Allocating Custodial Responsibility and Decision-Making Responsibility

After entering an order allocating custodial responsibility and decision-making responsibility in accordance with the provisions of sections 9-206 and 9-207, the court may also from time to time afterward, upon the motion of either of the parties or other proper person having actual or legal custody of the minor child or children of the parties, revise or alter the order concerning the allocation of custodial responsibility or allocation of decision-making responsibility in accordance with the provisions of article 9 of this chapter, and make a new order concerning the same, issuing it forthwith, as the circumstances of the parents or other proper person or persons and the benefit of the children may require.
WV Code § 48-5-704 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 5. Divorce|§48-5-704. Revision of Order Establishing Child Support

(a) After entering an order establishing child support in accordance with the provisions of section 5-603, the court may from time to time afterward, upon the motion of either of the parties or other proper person having actual or legal custody of the minor child or children of the parties, revise or alter the order concerning the support of the children, and make a new order concerning the same, issuing it forthwith, as the circumstances of the parents or other proper person or persons and the benefit of the children may require.(b) All orders modifying an award of child support must conform to the provisions regarding child support guidelines that are set forth in article 13 of this chapter.(c) An order providing for child support payments may be revised or altered for the reason, inter alia, that the existing order provides for child support payments in an amount that is less than eighty-five percent or more than one hundred fifteen percent of the amount that would be required to be paid under the provisions of the child support guidelines that are set forth in article 13 of this chapter.
WV Code § 48-5-705 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 5. Divorce|§48-5-705. Bureau for Child Support Enforcement May Seek Revision of Order Establishing Child Support

The Bureau for Child Support enforcement may review a child support order and, if appropriate, file a motion with the court for modification of the child support order.
WV Code § 48-5-706 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 5. Divorce|§48-5-706. Revision of Order Concerning Distribution of Marital Property

In modifying a final divorce order, the court may, when other means are not conveniently available, alter any prior order of the court with respect to the distribution of marital property, if:(1) The property is still held by the parties;(2) The alteration of the prior order as it relates the distribution of marital property is necessary to give effect to a modification of spousal support, child support or child custody; or(3) The alteration of the prior order as it relates the distribution of marital property is necessary to avoid an inequitable or unjust result which would be caused by the manner in which the modification will affect the prior distribution of marital property.
WV Code § 48-5A-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 5A. Collaborative Family Law Proceedings|§48-5A-101. Legislative Findings

 The Legislature finds that parties to family law actions often have particular needs and interests that may not be addressed through traditional litigation. The Legislature also finds that in the area of family law there may be an alternative approach to dispute resolution which targets settlement from the outset and which employs cooperative negotiation and problem solving that encourages compromise and direct communication among the parties.
WV Code § 48-5A-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 5A. Collaborative Family Law Proceedings|§48-5A-102. Collaborative Law Generally; Requesting the Supreme Court to Study Collaborative Law Procedures for Possible Implementation in This State

(a) Collaborative law is a procedure in which parties who are involved in family law matters and the involved attorneys agree in writing to use their best efforts and make a good-faith attempt to resolve their disputes arising from family law matters on an agreed basis without resorting to judicial intervention, except to have a court approve the settlement agreement, make the legal pronouncements and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate.(b) Several states have passed laws adopting collaborative law procedures. The Legislature requests that the Supreme Court of Appeals study the use of collaborative law procedures in the family courts of this state and, should the court find that the procedures would be an effective alternative approach to dispute resolution in family law matters, promulgate rules for the implementation of the collaborative law procedures. The Legislature further requests that the Supreme Court of Appeals present its findings and any rules promulgated to the Legislature at the regular session of the Legislature, 2009.
WV Code § 48-6-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 6. Appendices|§48-6-101. Property Settlement or Separation Agreement Defined

§48-6-101. Property settlement or separation agreement defined.(a) "Property settlement or separation agreement" means a written agreement between a husband and wife whereby they agree to live separate and apart from each other. A separation agreement may also:(1) Settle the property rights of the parties;(2) Provide for child support;(3) Provide for the allocation of custodial responsibility and the determination of decision-making responsibility for the children of the parties;(4) Provide for the payment or waiver of spousal support by either party; or(5) Otherwise settle and compromise issues arising from the marital rights and obligations of the parties.(b) To the extent that an antenuptial agreement affects the property rights of the parties or the disposition of property after an annulment of the marriage or after a divorce or separation of the parties, the antenuptial agreement is a separation agreement.
WV Code § 48-6-201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 6. Appendices|§48-6-201. Effect of Separation Agreement

§48-6-201. Effect of separation agreement.(a) In cases where the parties to an action commenced under the provisions of this chapter have executed a separation agreement, if the court finds that the agreement is fair and reasonable, and not obtained by fraud, duress or other unconscionable conduct by one of the parties, and further finds that the parties, through the separation agreement, have expressed themselves in terms which, if incorporated into a judicial order, would be enforceable by a court in future proceedings, then the court shall conform the relief which it is authorized to order under the provisions of parts 5 and 6, article 5 of this chapter to the separation agreement of the parties. The separation agreement may contractually fix the division of property between the parties and may determine whether spousal support shall be awarded, whether an award of spousal support, other than an award of rehabilitative spousal support or spousal support in gross, may be reduced or terminated because a de facto marriage exists between the spousal support payee and another person, whether a court shall have continuing jurisdiction over the amount of a spousal support award so as to increase or decrease the amount of spousal support to be paid, whether spousal support shall be awarded as a lump sum settlement in lieu of periodic payments, whether spousal support shall continue beyond the death of the payor party or the remarriage of the payee party, or whether the spousal support award shall be enforceable by contempt proceedings or other judicial remedies aside from contractual remedies. (b) Any award of periodic payments of spousal support shall be deemed to be judicially decreed and subject to subsequent modification unless there is some explicit, well expressed, clear, plain and unambiguous provision to the contrary set forth in the court-approved separation agreement or the order granting the divorce. Child support shall, under all circumstances, always be subject to continuing judicial modification.
WV Code § 48-6-202 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 6. Appendices|§48-6-202. Agreement for Spousal Support Beyond the Death of the Payor

When a separation agreement is the basis for an award of spousal support, the court, in approving the agreement, shall examine the agreement to ascertain whether it clearly provides for spousal support to continue beyond the death of the payor or the payee or to cease in such event. When spousal support is to be paid pursuant to the terms of a separation agreement which does not state whether the payment of spousal support is to continue beyond the death of the payor or payee or is to cease, or when the parties have not entered into a separation agreement and spousal support is awarded, the court shall have the discretion to determine, as a part of its order, whether such payments of spousal support are to be continued beyond the death of the payor or payee or cease. In the event neither an agreement nor an order makes provision for the death of the payor or payee, spousal support other than rehabilitative spousal support or spousal support in gross shall cease on the death of the payor or payee. In the event neither an agreement nor an order makes provision for the death of the payor, rehabilitative spousal support continues beyond the payor's death, in the absence of evidence that the payor's estate is likely to be insufficient to meet other obligations or that other matters would make continuation after death inequitable. Rehabilitative spousal support ceases with the payee's death. In the event neither an agreement nor an order makes provision for the death of the payor or payee, spousal support in gross continues beyond the payor's or payee's death.
WV Code § 48-6-203 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 6. Appendices|§48-6-203. Agreement for Spousal Support Beyond the Remarriage of the Payee

When a separation agreement is the basis for an award of spousal support, the court, in approving the agreement, shall examine the agreement to ascertain whether it clearly provides for spousal support to continue beyond the remarriage of the payee or to cease in such event. When spousal support is to be paid pursuant to the terms of a separation agreement which does not state whether the payment of spousal support is to continue beyond the remarriage of the payee or is to cease, or when the parties have not entered into a separation agreement and spousal support is awarded, the court shall have the discretion to determine, as a part of its order, whether such payments of spousal support are to be continued beyond the remarriage of the payee. In the event neither an agreement nor an order makes provision for the remarriage of the payee, spousal support other than rehabilitative spousal support or spousal support in gross shall cease on the remarriage of the payee. Rehabilitative spousal support does not cease upon the remarriage of the payee during the first four years of a rehabilitative period. In the event neither an agreement nor an order makes provision for the remarriage of the payee, spousal support in gross continues beyond the payee's remarriage.
WV Code § 48-7-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-101. Equal Division of Marital Property

§48-7-101. Equal division of marital property.Except as otherwise provided in this section, upon every judgment of annulment, divorce or separation, the court shall divide the marital property of the parties equally between the parties.
WV Code § 48-7-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-102. Division of Marital Property in Accordance With a Separation Agreement

In cases where the parties to an action commenced under the provisions of this chapter have executed a separation agreement, then the court shall divide the marital property in accordance with the terms of the agreement, unless the court finds:(1) That the agreement was obtained by fraud, duress or other unconscionable conduct by one of the parties; or(2) That the parties, in the separation agreement, have not expressed themselves in terms which, if incorporated into a judicial order, would be enforceable by a court in future proceedings; or(3) That the agreement, viewed in the context of the actual contributions of the respective parties to the net value of the marital property of the parties, is so inequitable as to defeat the purposes of this section, and such agreement was inequitable at the time the same was executed.
WV Code § 48-7-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-103. Division of Marital Property Without a Valid Agreement

In the absence of a valid agreement, the court shall presume that all marital property is to be divided equally between the parties, but may alter this distribution, without regard to any attribution of fault to either party which may be alleged or proved in the course of the action, after a consideration of the following:(1) The extent to which each party has contributed to the acquisition, preservation and maintenance, or increase in value of marital property by monetary contributions, including, but not limited to:(A) Employment income and other earnings; and(B) Funds which are separate property.(2) The extent to which each party has contributed to the acquisition, preservation and maintenance or increase in value of marital property by nonmonetary contributions, including, but not limited to:(A) Homemaker services;(B) Child care services;(C) Labor performed without compensation, or for less than adequate compensation, in a family business or other business entity in which one or both of the parties has an interest;(D) Labor performed in the actual maintenance or improvement of tangible marital property; and(E) Labor performed in the management or investment of assets which are marital property.(3) The extent to which each party expended his or her efforts during the marriage in a manner which limited or decreased such party's income-earning ability or increased the income-earning ability of the other party, including, but not limited to:(A) Direct or indirect contributions by either party to the education or training of the other party which has increased the income-earning ability of such other party; and(B) Foregoing by either party of employment or other income-earning activity through an understanding of the parties or at the insistence of the other party.(4) The extent to which each party, during the marriage, may have conducted himself or herself so as to dissipate or depreciate the value of the marital property of the parties: Provided, That except for a consideration of the economic consequences of conduct as provided for in this subdivision, fault or marital misconduct shall not be considered by the court in determining the proper distribution of marital property.
WV Code § 48-7-105 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-105. Transfers of Property to Achieve Equitable Distribution of Marital Property

In order to achieve the equitable distribution of marital property, the court shall, unless the parties otherwise agree, order, when necessary, the transfer of legal title to any property of the parties, giving preference to effecting equitable distribution through periodic or lump sum payments: Provided, That the court may order the transfer of legal title to motor vehicles, household goods and the former marital domicile without regard to such preference where the court determines it to be necessary or convenient. In any case involving the equitable distribution of: (1) Property acquired by bequest, devise, descent, distribution or gift; or (2) ownership interests in a business entity, the court shall, unless the parties otherwise agree, give preference to the retention of the ownership interests in such property. In the case of such business interests, the court shall give preference to the party having the closer involvement, larger ownership interest or greater dependency upon the business entity for income or other resources required to meet responsibilities imposed under this article, and shall also consider the effects of transfer or retention in terms of which alternative will best serve to preserve the value of the business entity or protect the business entity from undue hardship or from interference caused by one of the parties or by the divorce, annulment or decree of separate maintenance: Provided, however, That the court may, unless the parties otherwise agree, sever the business relationship of the parties and order the transfer of legal title to ownership interests in the business entity from one party to the other, without regard to the limitations on the transfer of title to such property otherwise provided in this subsection, if such transfer is required to achieve the other purposes of this article: Provided further, That in all such cases the court shall order, or the agreement of the parties shall provide for, equitable payment or transfer of legal title to other property, of fair value in money or moneys' worth, in lieu of any ownership interests in a business entity which are ordered to be transferred under this subsection: And provided further, That the court may order the transfer of such business interests to a third party (such as the business entity itself or another principal in the business entity) where the interests of the parties under this article can be protected and at least one party consents thereto.
WV Code § 48-7-106 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-106. Findings; Rationale for Division of Property

In any order which divides or transfers the title to any property, determines the ownership or value of any property, designates the specific property to which any party is entitled or grants any monetary award, the court shall set out in detail its findings of fact and conclusions of law, and the reasons for dividing the property in the manner adopted.
WV Code § 48-7-107 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-107. Refusal to Transfer Property; Appointment of Special Commissioner

If an order entered in accordance with the provisions of this article requires the transfer of title to property and a party fails or refuses to execute a deed or other instrument necessary to convey title to such property, the deed or other instrument shall be executed by a special commissioner appointed by the court for the purpose of effecting such transfer of title pursuant to section seven, article twelve, chapter fifty-five of this code.