WVC 48 - 5 - 206
§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
(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
Note: WV Code updated with legislation passed through the 2012 1st Special Session