West Virginia § 48-5-203 Grounds for divorce; cruel or inhuman treatment

West Virginia Statutes

§ 48-5-203 — Grounds for divorce; cruel or inhuman treatment

West Virginia § 48-5-203

Ch. 48DOMESTIC RELATIONS

Art. 5DIVORCE

This text of West Virginia § 48-5-203 (Grounds for divorce; cruel or inhuman treatment) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 48-5-203 (2026).

Text

(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.

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(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.