West Virginia § 48-5-206 Grounds for divorce; permanent and incurable insanity

West Virginia Statutes

§ 48-5-206 — Grounds for divorce; permanent and incurable insanity

West Virginia § 48-5-206

Ch. 48DOMESTIC RELATIONS

Art. 5DIVORCE

This text of West Virginia § 48-5-206 (Grounds for divorce; permanent and incurable insanity) 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 § 48-5-206 (2026).

Text

(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.

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(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.