Senate Bill No. 457
(By Senator Grubb)
____________
[Introduced March 22, 1993;
referred to the Committee on the Judiciary.]
____________
A BILL to amend article two, chapter forty-eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
fifteen-a, relating to the provision of permanent injunctive
relief for unmarried persons.
Be it enacted by the Legislature of West Virginia:
That article two, chapter forty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
fifteen-a, to read as follows:
ARTICLE 2. DIVORCE, ANNULMENT AND SEPARATE MAINTENANCE.
§48-2-15a. Relief for unmarried persons.
(a) A petition for relief pursuant to the provisions of this
article may be filed in the circuit court where a person who is
alleged to be entitled to relief:
(1) is not married to the respondent and is not a child or
other person who can be protected from the respondent by a final
order of a divorce or separate maintenance pursuant to thisarticle, or
(2) is a person for whom relief is being sought, or for whom
relief may be sought, in an action for annulment pursuant to this
article.
(b) Notwithstanding any other provisions of this chapter to
the contrary, a final order in a proceeding brought pursuant to
this section shall be for a specific period of time not less than
two years. The final order may be continued by the circuit court
for a specific time period upon motion by any party prior to the
expiration of the order if such party has good cause for a
continuation: Provided, That if the hearing on the motion is
held after the expiration of the final order and appropriate
notice has been served upon the opposing party, said order shall
remain in effect through the day of the hearing.
(c) The administrative office of the supreme court of
appeals shall prepare, and the clerk of the circuit court of each
county shall make available to the public, all forms reasonably
necessary for prosecuting an action and granting relief pursuant
to this section. The clerk may charge a fee for the reproduction
of the forms in an amount equal to the approximate actual cost of
such reproduction.
NOTE: The purpose of this bill is to authorize circuit
courts to grant permanent injunctive relief for unmarried
couples.
This section is new; therefore, strike-throughs and
underscoring have been omitted.