WVC 48 - 5 - 301
PART 3. DEFENSES.
§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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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