WVC 48 - 5 - 404
§48-5-404. Advance filing of divorce petition in actions alleging
abandonment or voluntary separation.
(a) At any time after the parties to a marriage have lived
separate and apart in separate places of abode without any
cohabitation or after a party is abandoned or deserted, either
party living separate and apart or the party abandoned may apply
for temporary relief in accordance with the provisions of part 5 of
this article by instituting an action for divorce alleging that the
petitioner reasonably believes that the period of living separate
and apart or of abandonment will continue for the periods
prescribed by the applicable provisions of sections 5-202 and
(b) If the period of abandonment or living separate and apart
continues for the period prescribed by the applicable provisions of
sections 5-202 and 5-208, the divorce action may proceed to a final
hearing without a new petition being filed.
(c) The petitioner shall give the respondent at least twenty
days' notice of the time, place and purpose of the final hearing,
unless the respondent files a verified waiver of notice of further
proceedings. If the notice is required to be served, it must be
served in the same manner as original process under rule 4(d) of
the rules of civil procedure, regardless of whether the respondent
has appeared or answered.