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Chapter 48     Entire Code
‹ Chapter 47B  |  Chapter 48A › Printer Friendly Versions
Chapter 48  |  Article 48 - 4  |  Section 102
WVC 48- CHAPTER 48. DOMESTIC RELATIONS.
WVC 48 - 4 - ARTICLE 4. SEPARATE MAINTENANCE.

WVC 48 - 4 - 101 §48-4-101. Where an action for separate maintenance may be brought.
An action for separate maintenance may be brought in the family court of any county where an action for divorce between the parties could be brought. An action for separate maintenance may be brought whether or not a divorce is prayed for.

WVC 48 - 4 - 102 §48-4-102. Grounds for separate maintenance.
Separate maintenance may be ordered:

(1) If the party seeking separate maintenance has grounds for divorce; or

(2) If the party from whom separate maintenance is sought, without good and sufficient cause:

(A) Has failed to provide suitable support for the other spouse; or

(B) Has abandoned or deserted the other spouse.

WVC 48 - 4 - 103 §48-4-103. Award of relief in action for separate maintenance.
(a) In an action for separate maintenance, the court may order all or any portion of the temporary or final relief that the court may order in an action for divorce, other than a divorce.

(b) During the pendency of the action, the court has the same powers to make temporary orders as the court would have in actions for divorce, insofar as those powers are applicable, on behalf of either spouse.

(c) Any order entered in the case is effective during the time the court by its order directs, until further order of the court.

WVC 48 - 4 - 104 §48-4-104. Modification of order awarding separate maintenance.
Upon the petition of either party, the court may revise or alter an order entered in an action for separate maintenance, or may make further orders, concerning the following matters:

(1) The support and maintenance of either spouse;

(2) The interest of one spouse in the property of the other spouse;

(3) The allocation of responsibility for the children of the parties; and

(4) The support of the children of the parties.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§48 - 3 - 103 - (Amended Code)
§48 - 3 - 105 - (Amended Code)
SENATE BILL - 58
PASSED - Regular Session

SB58 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to basis for voidable marriages and annulments
§48 - 9 - 209 A - (New Code)
HOUSE BILL - 4139
PASSED - Regular Session

HB4139 ENR SUB  (Uploaded - 03/25/2014)
Restricting parental rights of child custody and visitation when the child was conceived as a result of a sexual assault or sexual abuse
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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