Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

West Virginia Code

Search

Chapter 48     Entire Code
‹ Chapter 47B  |  Chapter 48A › Printer Friendly Versions
Chapter 48  |  Article 48 - 5A  |  Section 101
WVC 48- CHAPTER 48. DOMESTIC RELATIONS.
WVC 48 - 5 A- ARTICLE 5A. COLLABORATIVE FAMILY LAW PROCEEDINGS.
WVC 48 - 5 A- 101 §48-5A-101. Legislative findings.
The Legislature finds that parties to family law actions often have particular needs and interests that may not be addressed through traditional litigation. The Legislature also finds that in the area of family law there may be an alternative approach to dispute resolution which targets settlement from the outset and which employs cooperative negotiation and problem solving that encourages compromise and direct communication among the parties.

WVC 48 - 5 A- 102 §48-5A-102. Collaborative law generally; requesting the Supreme Court to study collaborative law procedures for possible implementation in this state.
(a) Collaborative law is a procedure in which parties who are involved in family law matters and the involved attorneys agree in writing to use their best efforts and make a good-faith attempt to resolve their disputes arising from family law matters on an agreed basis without resorting to judicial intervention, except to have a court approve the settlement agreement, make the legal pronouncements and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate.

(b) Several states have passed laws adopting collaborative law procedures. The Legislature requests that the Supreme Court of Appeals study the use of collaborative law procedures in the family courts of this state and, should the court find that the procedures would be an effective alternative approach to dispute resolution in family law matters, promulgate rules for the implementation of the collaborative law procedures. The Legislature further requests that the Supreme Court of Appeals present its findings and any rules promulgated to the Legislature at the regular session of the Legislature, 2009.

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.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****