reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 2. Marriages › §48-2-602. Marriage Out of State to Evade Law

If a resident of this state marries in another state or country, the marriage is governed by the same law, in all respects, as if it had been solemnized in this state if, at the time of the marriage:
(1) The marriage would have been in violation of section 3-103 if performed in this state;
(2) The person intended to evade the law of this state; and
(3) The person intended to return and reside in this state.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 2. Marriages › §48-2-603. Certain Acts, Records, and Proceedings Not to Be Given Effect in This State

A public act, record or judicial proceeding of any other state, territory, possession or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of the other state, territory, possession, or tribe, or a right or claim arising from such relationship, shall not be given effect by this state.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 2. Marriages › §48-2-701. Premarital Education Encouraged; Requirements

§48-2-701. Premarital education encouraged; requirements.
(a) Persons applying for a marriage license may attend a premarital education course of at least four hours during the twelve months immediately preceding the date of the application for the license.
(b) A premarital education course offers instruction involving marital issues which may include, but not be limited to, the following:
(1) Conflict management;
(2) Communication skills;
(3) Managing finances;
(4) Child and parenting responsibilities;
(5) Extended family roles; and
(6) Key components of a successful marriage.
(c) Premarital education course instructors must have training in skills-based and research-based marriage preparation curricula.
(d) Premarital education courses may be performed by the following:
(1) A professional counselor or marriage and family therapist licensed pursuant to article thirty-one, chapter thirty of this code;
(2) A social worker licensed pursuant to article thirty, chapter thirty of this code;
(3) A psychiatrist who is licensed as a physician pursuant to article three, chapter thirty of this code;
(4) A psychologist who is licensed pursuant to article twenty-one, chapter thirty of this code; or
(5) An active member of the clergy or his or her designee, including retired clergy, provided that a designee is trained in skills-based and research-based marriage preparation curricula premarital education.
(e) The premarital education course curricula must meet the requirements of this section and provide a skills-based and research-based curricula of the following:
(1) The National Healthy Marriage Resource Center;
(2) A church, spiritual assembly, or religious organization; or
(3) Other substantially similar resource.
(f) The Department of Health and Human Resources shall maintain an Internet website on which individuals and organizations described in subsection (c) may electronically register with the department to indicate the skills-based and research-based curriculum in which the registrant is trained.
(g) The premarital education provider shall furnish each participant, who completes the premarital education required by this section, a certificate of completion.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 2. Marriages › §48-2-702. Marriage Education Fund

(a) There is hereby created a special revenue account within the State Treasury known as the Marriage Education Fund. The account shall be administered by the Secretary of the Department of Health and Human Resources.
(b) Any balance in the account at the end of each fiscal year shall not revert to the general revenue fund but shall remain in the account and be expended as provided by in this section.
(c) The account shall consist of all fees collected under the provisions of paragraph (C), subdivision (4), subsection (c), of section ten, article one, chapter fifty-nine of this code, legislative appropriations, and all interest or other returned earned from investment of the fund.
(d) Expenditures from the account shall be made by the secretary for the purposes set forth in section seven-hundred-one of this article, and are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code: Provided, That for fiscal year ending June 30, 2013, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-3-101. Right to Sue to Annul or Affirm Marriage

(a) Except as otherwise provided in subsection (b) of this section, an action to annul or affirm a marriage is not maintainable unless one of the parties is a resident of this state at the time the action is commenced.
(b) Even if neither party is a resident of this state, an action to annul a marriage that was performed in this state is maintainable if the parties have not established a matrimonial domicile elsewhere.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-3-102. Venue of Actions for Annulment or Affirmation

(a) If the respondent to an action for annulling or affirming a marriage is a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the respondent resides.
(b) If the respondent to an action for annulling or affirming a marriage is not a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the petitioner resides.
(c) If neither party is a resident of this state, the action must be brought in the county where the marriage was performed.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-3-103. Voidable Marriages

The following marriages are voidable and are void from the time they are so declared by a judgment order of nullity:
(1) Marriages that are prohibited by law on account of either of the parties having a wife or husband of a prior marriage, when the prior marriage has not been terminated by divorce, annulment or death;
(2) Marriages that are prohibited by law on account of consanguinity or affinity between the parties;
(3) Marriages solemnized when either of the parties:
(A) Was mentally incompetent;
(B) Was afflicted with a sexually transmitted disease;
(C) Was incapable, because of natural or incurable impotency of the body, of entering into the marriage state;
(D) Was under the age of consent; or
(E) Had been, prior to the marriage and without the knowledge of the other party, convicted of a crime punishable by imprisonment in excess of one year under the applicable law of this state, another state or the United States;
(4) Marriages solemnized when, at the time of the marriage, the wife, without the knowledge of the husband, was with child by some person other than the husband.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-3-104. Affirmation or Annulment of Marriage

If a marriage is supposed to be void, or voidable, or any doubt exists as to its validity, for any of the causes set forth in section 3-103, or for any other cause recognized in law, either party may, except as provided in section 3-105, institute an action for annulling or affirming the marriage. Upon hearing the proofs and allegations of the parties, the court shall enter a judgment order annulling or affirming the marriage. In every case where the validity of a marriage is called into question, it is presumed that the marriage is valid, unless the contrary is clearly proved. If the court orders that the marriage is valid, the finding of the court is conclusive upon all persons concerned.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-3-105. What Persons May Not Institute Annulment Action

An action for annulling a marriage may not be instituted:
(a) Where the cause is the natural or incurable impotency of body of either of the parties to enter the marriage state, by the party who had knowledge of such incapacity at the time of marriage;
(b) Where the cause is fraud, force or coercion, by the party who was guilty of such fraud, force or coercion, nor by the injured party if, after knowledge of the facts, he or she has by acts or conduct confirmed such marriage;
(c) Where the cause is affliction with a sexually transmitted disease existing at the time of marriage, by the party who was so afflicted if such party has subsequent to the marriage become cured of such disease, nor by the person who was not so afflicted if he or she after the curing of the afflicted person has by acts or conduct confirmed the marriage;
(d) Where the cause is the nonage of either of the parties, by the party who was capable of consenting, nor by the party not so capable if he or she has by acts or conduct confirmed the marriage after arriving at the age of consent; or
(e) Where the cause is lack of consent on the part of either of the parties, by the party consenting or bringing about the marriage;
(f) Where the cause is that either of the parties has been convicted of a crime punishable by imprisonment in excess of one year under the applicable law of this state, another state or the United States prior to marriage, by the other party if, after knowledge of such fact, he or she has cohabited with the party so convicted; or
(g) Where the cause is that the wife was at the time of marriage with child by some person other than the husband, by the husband, if after knowledge of the fact he has cohabited with the wife.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-3-106. Relief Ordered in Annulment

In an action for annulment, the court may order all or any portion of the final relief provided for in sections 5-603 through 5-614 and all or any portion of the temporary relief provided for in part 5, article 5 of this chapter.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-3-107. Modification of Order Granting Annulment

Upon the petition of either party, the court may revise or alter an order entered in an action for annulment or make further orders, concerning the following matters:
(1) The support and maintenance of either spouse;
(2) The interest of one spouse in the property of the other spouse;
(3) The allocation of responsibility for the children of the parties; and
(4) The support of the children of the parties.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 4. Separate Maintenance › §48-4-102. Grounds for Separate Maintenance

Separate maintenance may be ordered:
(1) If the party seeking separate maintenance has grounds for divorce; or
(2) If the party from whom separate maintenance is sought, without good and sufficient cause:
(A) Has failed to provide suitable support for the other spouse; or
(B) Has abandoned or deserted the other spouse.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 4. Separate Maintenance › §48-4-103. Award of Relief in Action for Separate Maintenance

(a) In an action for separate maintenance, the court may order all or any portion of the temporary or final relief that the court may order in an action for divorce, other than a divorce.
(b) During the pendency of the action, the court has the same powers to make temporary orders as the court would have in actions for divorce, insofar as those powers are applicable, on behalf of either spouse.
(c) Any order entered in the case is effective during the time the court by its order directs, until further order of the court.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 4. Separate Maintenance › §48-4-104. Modification of Order Awarding Separate Maintenance

Upon the petition of either party, the court may revise or alter an order entered in an action for separate maintenance, or may make further orders, concerning the following matters:
(1) The support and maintenance of either spouse;
(2) The interest of one spouse in the property of the other spouse;
(3) The allocation of responsibility for the children of the parties; and
(4) The support of the children of the parties.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-102. Subject Matter Jurisdiction

§48-5-102. Subject matter jurisdiction.
(a) The Legislature hereby finds and declares that it has the authority to establish, by general law, the jurisdiction of circuit courts and family courts over domestic relations matters.
(b) The circuit courts and family courts of this state, by act of the Legislature, are vested with concurrent jurisdiction over the subject matter of divorce. Generally, a family court has the right and authority to adjudicate actions for divorce and the power to carry its judgment and order into execution. Circuit courts have limited jurisdiction in divorce actions, as provided in section two, article two-a, chapter fifty-one of this code and as otherwise specifically provided in this chapter. Jurisdiction of the subject matter of divorce embraces the power to determine every issue or controverted question in an action for divorce, according to the court's view of the law and the evidence.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-103. Jurisdiction of Parties; Service of Process

(a) In an action for divorce, it is immaterial where the marriage was celebrated, where the parties were domiciled at the time the grounds for divorce arose or where the marital offense was committed. If one or both of the parties is domiciled in this state at the time the action is commenced, the circuit courts and family courts of this state have jurisdiction to grant a divorce for any grounds fixed by law in this state, without any reference to the law of the place where the marriage occurred or where the marital offense was committed.
(b) A judgment order may be entered upon service of process in the manner specified in the rules of civil procedure for the service of process upon individuals.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-105. Residency Requirements for Maintaining an Action for Divorce

(a) Except as otherwise provided in subsection (b) of this section:
(1) If the marriage was entered into within this state, an action for divorce is maintainable if one of the parties is an actual bona fide resident of this state at the time of commencement of the action, without regard to the length of time residency has continued; or
(2) If the marriage was not entered into within this state, an action for divorce is maintainable if:
(A) One of the parties was an actual bona fide resident of this state at the time the cause of action arose, or has become a resident since that time; and
(B) The residency has continued uninterrupted through the one-year period immediately preceding the filing of the action.
(b) An action for divorce cannot be maintained if the cause for divorce is adultery, whether the cause of action arose in or out of this state, unless one of the parties, at the commencement of the action, is a bona fide resident of this state. In such case, if the respondent is a nonresident of this state and cannot be personally served with process within this state, the action is not maintainable unless the petitioner has been an actual bona fide resident of this state for at least one year next preceding the commencement of the action; or
(c) When a divorce is granted in this state upon constructive service of process and personal jurisdiction is thereafter obtained of the respondent in the case, the court may order all or any portion of the relief that has been demanded in the pleadings.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-106. Venue of Actions for Divorce

(a) If the respondent in an action for divorce is a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the respondent resides.
(b) If the respondent in an action for divorce is not a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the petitioner resides.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-107. Parties to a Divorce Action

(a) Either or both of the parties to a marriage may initiate an action for divorce.
(b) A spouse who is under the age of majority has standing in a divorce action to sue, answer or plead by a next friend.
(c) An incompetent or insane person shall sue, answer or plead by his or her committee. If a person has not been adjudicated incompetent or insane and has not been divested of the power to act on his or her own behalf, it is presumed that the person has the capacity to bring the action or be made a party respondent. This presumption may be rebutted by evidence which shows that the person cannot reasonably understand the nature and purpose of the action and the effect of his or her acts with reference to the action.
(d) The appointment of a guardian ad litem for a minor, an incompetent or an insane party is not required unless specifically ordered by the judge hearing the action.
(e) Anyone charged as a particeps criminis shall be made a party to a divorce action, upon his or her application to the court, subject to such terms and conditions as the court may prescribe.
(f) In a divorce action where the interests of the minor children of the parties are or may be substantially different from those of either or both of the parents and the best interests of the children may be in conflict with the desires of either or both parents, the court may make the children parties respondent and appoint a guardian ad litem to advocate and protect their rights and welfare.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-201. Grounds for Divorce; Irreconcilable Differences

§48-5-201. Grounds for divorce; irreconcilable differences.
The court may order a divorce if the complaint alleges that irreconcilable differences exist between the parties and an answer is filed admitting that allegation. A complaint alleging irreconcilable differences shall set forth the names of any dependent children of either or both of the parties. A divorce on this ground does not require corroboration of the irreconcilable differences or of the issues of jurisdiction or venue. The court may approve, modify or reject any agreement of the parties and make orders concerning spousal support, custodial responsibility, child support, visitation rights or property interests.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-202. Grounds for Divorce; Voluntary Separation

(a) A divorce may be ordered when the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties.
(b) Allegations of res judicata or recrimination with respect to any other alleged grounds for divorce are not a bar to either party obtaining a divorce on the ground of voluntary separation.
(c) When required by the circumstances of a particular case, the court may receive evidence bearing on alleged marital misconduct and may consider issues of fault for the limited purpose of deciding whether spousal support should be awarded. Establishment of fault does not affect the right of either party to obtain a divorce on the ground of voluntary separation.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-203. Grounds for Divorce; Cruel or Inhuman Treatment

(a) A divorce may be ordered for cruel or inhuman treatment by either party against the other. Cruel or inhuman treatment includes, but is not limited to, the following:
(1) Reasonable apprehension of bodily harm;
(2) False accusation of adultery or homosexuality; or
(3) Conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness and welfare of the other and render continued cohabitation unsafe or unendurable.
(b) It is not necessary to allege or prove acts of physical violence in order to establish cruel and inhuman treatment as a ground for divorce.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-206. Grounds for Divorce; Permanent and Incurable Insanity

(a) A divorce may be ordered for permanent and incurable insanity, only if the person is permanently and incurably insane and has been confined in a mental hospital or other similar institution for a period of not less than three consecutive years next preceding the filing of the complaint and the court has heard competent medical testimony that such insanity is permanently incurable.
(b) A court granting a divorce on this grounds may in its discretion order support and maintenance for the permanently incurably insane party by the other.
(c) In an action for divorce or annulment, where the petitioner is permanently incurably insane, the respondent shall not enter a plea of recrimination based upon the insanity of the petitioner.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-207. Grounds for Divorce; Habitual Drunkenness or Drug Addiction

(a) A divorce may be ordered for habitual drunkenness of either party subsequent to the marriage.
(b) A divorce may be ordered for the addiction of either party, subsequent to the marriage, to the habitual use of any narcotic or dangerous drug defined in this code.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-209. Grounds for Divorce; Abuse or Neglect of a Child

(a) A divorce may be ordered for abuse or neglect of a child of the parties or of one of the parties, "abuse" meaning any physical or mental injury inflicted on such child including, but not limited to, sexual molestation; and "neglect" is willful failure to provide, by a party who has legal responsibility for such child, the necessary support, education as required by law, or medical, surgical or other care necessary for the well-being of such child.
(b) A divorce shall not be granted on this ground except upon clear and convincing evidence sufficient to justify permanently depriving the offending party of any allocation of custodial responsibility for the abused or neglected child.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-301. When a Divorce Not to Be Granted

§48-5-301. When a divorce not to be granted.
No divorce for adultery shall be granted on the uncorroborated testimony of a prostitute, or a particeps criminis, or when it appears that the parties voluntarily cohabited after the knowledge of the adultery, or that it occurred more than three years before the institution of the action; nor shall a divorce be granted for any cause when it appears that the offense charged has been condoned, or was committed by the procurement or connivance of the plaintiff, or that the plaintiff has, within three years before the institution of action, been guilty of adultery not condoned, but such exception shall not be applicable to causes of action brought pursuant to sections 5-201 and 5-202 of this chapter. The defense of collusion shall not be pleaded as a bar to a divorce.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-402. Petition for Divorce

§48-5-402. Petition for divorce.
(a) An action for divorce is instituted by a verified petition and the formal style and the caption for all pleadings is "In Re the marriage of ________ and ________". The parties shall be identified in all pleadings as "petitioner" and "respondent".
(b) The petition must set forth the ground or grounds for divorce. It is not necessary to allege the facts constituting a ground relied on and a petition or counter-petition is sufficient if a ground for divorce is alleged in the language of the statute as set forth in this article. The court has the discretionary authority to grant a motion to require a more definite and certain statement, set forth in ordinary and concise language, alleging facts and not conclusions of law.
(c) If the jurisdiction of the court to grant a divorce depends upon the existence of certain facts, including, but not limited to, facts showing domicil or domicil for a certain length of time, the petition must allege those facts. It is not necessary that allegations showing requisite domicil be in the language of the statute, but they should conform substantially thereto so that everything material to the fact of requisite domicil can be ascertained therefrom.
(d) A petition shall not be taken for confessed and whether the respondent answers or not, the case shall be tried and heard independently of the admissions of either party in the pleadings or otherwise. No judgment order shall be granted on the uncorroborated testimony of the parties or either of them, except for a proceeding in which the grounds for divorce are irreconcilable differences.
(e) The Supreme Court of Appeals shall develop and provide forms for petitions filed pursuant to this section and for answers filed pursuant to section 5-403. The forms shall be made available for distribution in the offices of the clerks of the circuit courts and in the offices of the secretary-clerks to the family court judges.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-403. Answer to Petition

(a) The responsive pleading to a petition for divorce is denominated an answer. The form and requisites for an answer to a petition for divorce are governed by the rules of civil procedure.
(b) Except as provided in subsection (c) of this section, an allegedly guilty party who relies upon an affirmative defense must assert such defense by both pleadings and proof. Affirmative defenses include, but are not limited to, condonation, connivance, collusion, recrimination, insanity and lapse of time.
(c) In an action in which a party seeks a divorce based on an allegation that the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year, the affirmative defenses, including, but not limited to, condonation, connivance, collusion, recrimination, insanity and lapse of time, shall not be raised.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-404. Advance Filing of Divorce Petition in Actions Alleging Abandonment or Voluntary Separation

(a) At any time after the parties to a marriage have lived separate and apart in separate places of abode without any cohabitation or after a party is abandoned or deserted, either party living separate and apart or the party abandoned may apply for temporary relief in accordance with the provisions of part 5 of this article by instituting an action for divorce alleging that the petitioner reasonably believes that the period of living separate and apart or of abandonment will continue for the periods prescribed by the applicable provisions of sections 5-202 and 5-208.
(b) If the period of abandonment or living separate and apart continues for the period prescribed by the applicable provisions of sections 5-202 and 5-208, the divorce action may proceed to a final hearing without a new petition being filed.
(c) The petitioner shall give the respondent at least twenty days' notice of the time, place and purpose of the final hearing, unless the respondent files a verified waiver of notice of further proceedings. If the notice is required to be served, it must be served in the same manner as original process under rule 4(d) of the rules of civil procedure, regardless of whether the respondent has appeared or answered.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-405. Amendments to Pleadings

Amendments to pleadings in an action for divorce are permitted upon the same general considerations which govern the practice in other proceedings, and are properly allowed for the purpose of making the allegations of the pleading more definite and certain, of asserting an essential allegation which has been omitted, or of including allegations of misconduct committed subsequent to the commencement of the action.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-501. Relief That May Be Included in Temporary Order of Divorce

OF ACTION FOR DIVORCE.
§48-5-501. Relief that may be included in temporary order of divorce.
At the time of the filing of the complaint or at any time after the commencement of an action for divorce under the provisions of this article and upon motion for temporary relief, notice of hearing and hearing, the court may order all or any portion of the following temporary relief described in this part 5, to govern the marital rights and obligations of the parties during the pendency of the action.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-503. Temporary Parenting Order; Child Support

(a) The court shall enter a temporary parenting order in accordance with the provisions of sections 9-203 and 9-204 of this chapter that incorporates a temporary parenting plan.
(b) When the action involves a minor child or children, the court shall require either party to pay temporary child support in the form of periodic installments for the maintenance of the minor children of the parties.
(c) When the action involves a minor child or children, the court shall provide for medical support for any minor children.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-504. Attorney's Fees and Court Costs

(a) The court may compel either party to pay attorney's fees and court costs reasonably necessary to enable the other party to prosecute or defend the action. The question of whether or not a party is entitled to temporary spousal support is not decisive of that party's right to a reasonable allowance of attorney's fees and court costs.
(b) An order for temporary relief awarding attorney fees and court costs may be modified at any time during the pendency of the action, as the exigencies of the case or equity and justice may require, including, but not limited to, a modification which would require full or partial repayment of fees and costs by a party to the action to whom or on whose behalf payment of fees and costs was previously ordered. If an appeal is taken or an intention to appeal is stated, the court may further order either party to pay attorney fees and costs on appeal.
(c) If it appears to the court that a party has incurred attorney fees and costs unnecessarily because the opposing party has asserted unfounded claims or defenses for vexatious, wanton or oppressive purposes, thereby delaying or diverting attention from valid claims or defenses asserted in good faith, the court may order the offending party, or his or her attorney, or both, to pay reasonable attorney fees and costs to the other party.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-505. Costs of Health Care and Hospitalization

As an incident to requiring the payment of temporary spousal support, the court may order either party to continue in effect existing policies of insurance covering the costs of health care and hospitalization of the other party. If there is no such existing policy or policies, the court may order that such health care insurance coverage be paid for by a party if the court determines that such health care coverage is available to that party at a reasonable cost. Payments made to an insurer pursuant to this subdivision, either directly or by a deduction from wages, may be deemed to be temporary spousal support.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-506. Use and Occupancy of the Marital Home

(a) The court may grant the exclusive use and occupancy of the marital home to one of the parties during the pendency of the action, together with all or a portion of the household goods, furniture and furnishings, reasonably necessary for such use and occupancy.
(b) The court may require payments to third parties in the form of home loan installments, land contract payments, rent, payments for utility services, property taxes and insurance coverage. If these third party payments are ordered, the court may specify whether such payments or portions of payments are temporary spousal support, temporary child support, a partial distribution of marital property or an allocation of marital debt.
(c) If the court does not set forth in the temporary order that all or a portion of payments made to third parties pursuant to this section are to be deemed temporary child support, then all the payments made pursuant to this section are deemed to be temporary spousal support. The court may order third party payments to be made without denominating them as either temporary spousal support or temporary child support, reserving such decision until the court determines the interests of the parties in marital property and equitably divides the same. At the time the court determines the interests of the parties in marital property and equitably divides the same, the court may consider the extent to which payments made to third parties under the provisions of this subdivision have affected the rights of the parties in marital property and may treat these payments as a partial distribution of marital property notwithstanding the fact that these payments were denominated temporary spousal support or temporary child support or not so denominated under the provisions of this section.
(d) If the payments are not designated in an order and the parties have waived any right to receive spousal support, the court may designate the payments upon motion by any party.
(e) Nothing contained in this section shall abrogate an existing contract between either of the parties and a third party, or affect the rights and liabilities of either party or a third party under the terms of a contract.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-507. Use and Possession of Motor Vehicles

(a) As an incident to requiring the payment of temporary alimony, the court may grant the exclusive use and possession of one or more motor vehicles to either of the parties during the pendency of the action.
(b) The court may require payments to third parties in the form of automobile loan installments or insurance coverage, and payments made to third parties pursuant to this section are deemed to be temporary spousal support, subject to any reservation provided for in subsection (c) of this section.
(c) The court may order that third party payments made pursuant to this section be made without denominating them as temporary spousal support, reserving that decision until the court determines the interests of the parties in marital property and equitably divides the same. At the time the court determines the interests of the parties in marital property and equitably divides the same, the court may consider the extent to which payments made to third parties under the provisions of this section have affected the rights of the parties in marital property and may treat such payments as a partial distribution of marital property notwithstanding the fact that such payments have been denominated temporary spousal support or not so denominated under the provisions of this section.
(d) Nothing contained in this section will abrogate an existing contract between either of the parties and a third party or affect the rights and liabilities of either party or a third party under the terms of a contract.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-508. Preservation of the Properties of the Parties

(a) If the pleadings include a specific request for specific property or raise issues concerning the equitable division of marital property, the court may enter an order that is reasonably necessary to preserve the estate of either or both of the parties.
(b) The court may impose a constructive trust, so that the property is forthcoming to meet any order that is made in the action, and may compel either party to give security to comply with the order, or may require the property in question to be delivered into the temporary custody of a third party.
(c) The court may order either or both of the parties to pay the costs and expenses of maintaining and preserving the property of the parties during the pendency of the action. At the time the court determines the interests of the parties in marital property and equitably divides the same, the court may consider the extent to which payments made for the maintenance and preservation of property under the provisions of this section have affected the rights of the parties in marital property and may treat such payments as a partial distribution of marital property. The court may release all or any part of such protected property for sale and substitute all or a portion of the proceeds of the sale for such property.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-509. Enjoining Abuse, Emergency Protective Order

(a) The court may enjoin the offending party from molesting or interfering with the other, or otherwise imposing any restraint on the personal liberty of the other, or interfering with the custodial or visitation rights of the other. This order may enjoin the offending party from:
(1) Entering the school, business or place of employment of the other for the purpose of molesting or harassing the other;
(2) Contacting the other, in person or by telephone, for the purpose of harassment or threats; or
(3) Harassing or verbally abusing the other in a public place.
(b) Any order entered by the court to protect a party from abuse may grant any other relief authorized by the provisions of article twenty-seven of this chapter, if the party seeking the relief has established the grounds for that relief as required by the provisions of said article.
(c) The court, in its discretion, may enter a protective order, as provided in article twenty-seven of this chapter, as part of the final relief granted in a divorce action, either as a part of an order for temporary relief or as part of a separate order. Notwithstanding the provisions of section five hundred five of said article, a protective order entered pursuant to the provisions of this subsection shall remain in effect until a final order is entered in the divorce, unless otherwise ordered by the judge.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-510. Consideration of Financial Factors in Ordering Temporary Relief

(a) In ordering temporary relief under the provisions of this part 5, the court shall consider the financial needs of the parties, the present income of each party from any source, their income-earning abilities and the respective legal obligations of each party to support himself or herself and to support any other persons.
(b) Except in extraordinary cases supported by specific findings set forth in the order granting relief, payments of temporary spousal support and temporary child support are to be made from a party's income and not from the corpus of a party's separate estate, and an award of such relief shall not be disproportionate to a party's ability to pay as disclosed by the evidence before the court: Provided, That child support shall be established in accordance with the child support guidelines set forth in article 13 of this chapter.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-511. Disclosure of Assets

To facilitate the resolution of issues arising at a hearing for temporary relief, the court may, or upon the motion of either party shall, order the parties to comply with the disclosure requirements set forth in article 7 of this chapter prior to the hearing for temporary relief. The form for this disclosure shall substantially comply with the form promulgated by the Supreme Court of Appeals, pursuant to said section. If either party fails to timely file a complete disclosure as required by this section or as ordered by the court, the court may accept the statement of the other party as accurate.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-512. Ex Parte Orders Granting Temporary Relief

An ex parte order granting all or part of the relief provided for in this part 5 may be granted without written or oral notice to the adverse party if:
(1) It appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss or damage will result to the applicant before the adverse party or such party's attorney can be heard in opposition. The potential injury, loss or damage may be anticipated when the following conditions exist: Provided, That the following list of conditions is not exclusive:
(A) There is a real and present threat of physical injury to the applicant at the hands or direction of the adverse party;
(B) The adverse party is preparing to quit the state with a minor child or children of the parties, thus depriving the court of jurisdiction in the matter of child custody;
(C) The adverse party is preparing to remove property from the state or is preparing to transfer, convey, alienate, encumber or otherwise deal with property which could otherwise be subject to the jurisdiction of the court and subject to judicial order under the provisions of this section or part 5-601, et seq.; and
(2) The moving party or his or her attorney certifies in writing any effort that has been made to give the notice and the reasons supporting his or her claim that notice should not be required.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-513. Granting of Ex Parte Relief

(a) Every ex parte order granted without notice must:
(1) Be endorsed with the date and hour of issuance;
(2) Be filed forthwith in the circuit clerk's office and entered of record; and
(3) Set forth the finding of the court that unless the order is granted without notice there is probable cause to believe that existing conditions will result in immediate and irreparable injury, loss or damage to the moving party before the adverse party or his or her attorney can be heard in opposition.
(b) The order granting ex parte relief must fix a time for a hearing for temporary relief to be held within a reasonable time, not to exceed twenty days, unless before the time fixed for hearing, the hearing is continued for good cause shown or with the consent of the party against whom the ex parte order is directed. The reasons for the continuance must be entered of record. Within the time limits described herein, when an ex parte order is made, a motion for temporary relief must be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character. If the party who obtained the ex parte order fails to proceed with a motion for temporary relief, the court shall set aside the ex parte order.
(c) At any time after ex parte relief is granted, and on two days' notice to the party who obtained the relief or on such shorter notice as the court may direct, the adverse party may appear and move the court to set aside or modify the ex parte order on the grounds that the effects of the order are onerous or otherwise improper. In that event, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-603. Relief Regarding Minor Child or Children

(a) If the action involves a minor child or children, the court may, if appropriate, order the allocation of custodial responsibility and the allocation of decision-making responsibility in accordance with the provisions of article 9-101, et seq., of this chapter.
(b) If the action involves a minor child or children, the court shall order either or both parties to pay child support in accordance with the provisions of articles 11-101, et seq., and 13-101, et seq., of this chapter.
(c) If the action involves a minor child or children, the court shall order medical support to be provided for the child or children in accordance with the provisions of article 12-101, et seq., of this chapter.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-604. Use and Occupancy of Marital Home

§48-5-604. Use and occupancy of marital home.
(a) The court may award the exclusive use and occupancy of the marital home to a party. An order granting use and occupancy of the marital home shall include the use of any necessary household goods, furniture and furnishings. The order shall establish a definite period for the use and occupancy, ending at a specific time set forth in the order, subject to modification upon the petition of either party.
(b) Generally, an award of the exclusive use and occupancy of the marital home is appropriate when necessary to accommodate rearing minor children of the parties. Otherwise, the court may award exclusive use and occupancy only in extraordinary cases supported by specific findings set forth in the order that grants relief.
(c) An order awarding the exclusive use and occupancy of the marital home may also require payments to third parties for home loan installments, land contract payments, rent, property taxes and insurance coverage. When requiring third-party payments, the court shall reduce them to a fixed monetary amount set forth in the order. The court shall specify whether third-party payments or portions of payments are spousal support, child support, a partial distribution of marital property or an allocation of marital debt. Unless the court identifies third-party payments as child support payments or as installment payments for the distribution of marital property, then such payments are spousal support. If the court does not identify the payments and the parties have waived any right to receive spousal support, the court may identify the payments upon motion by any party.
(d) This section is not intended to abrogate a contract between either party and a third party or affect the rights and liabilities of either party or a third party under the terms of a contract.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 5. Divorce › §48-5-605. Use and Possession of Motor Vehicles

(a) The court may award the exclusive use and possession of a motor vehicle or vehicles to either of the parties.
(b) The court may require payments to third parties in the form of automobile loan installments or insurance coverage, if coverage is available at reasonable rates. When requiring third-party payments, the court shall reduce them to a fixed monetary amount set forth in the order. The court shall specify whether third-party payments or portions of payments are spousal support or installment payments for the distribution of marital property.
(c) This section is not intended to abrogate a contract between either party and a third party or affect the rights and liabilities of either party or a third party under the terms of a contract.