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Chapter 48     Entire Code


ARTICLE 1. GENERAL PROVISIONS; DEFINITIONS.

ARTICLE 2. MARRIAGES.

ARTICLE 3. PROPERTY, RIGHTS AND LIABILITIES OF MARRIED WOMEN; HUSBAND AND WIFE.

ARTICLE 5. DIVORCE.

ARTICLE 5A. COLLABORATIVE FAMILY LAW PROCEEDINGS.

ARTICLE 6. APPENDICES.

ARTICLE 7. EQUITABLE DISTRIBUTION OF PROPERTY.

ARTICLE 8. SPOUSAL SUPPORT.

ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.

ARTICLE 10. GRANDPARENT VISITATION.

ARTICLE 11. SUPPORT OF CHILDREN.

ARTICLE 12. MEDICAL SUPPORT.

ARTICLE 13. GUIDELINES FOR CHILD SUPPORT AWARDS.

ARTICLE 14. REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS.

ARTICLE 15. ENFORCEMENT OF SUPPORT ORDER THROUGH ACTION AGAINST LICENSE.

ARTICLE 16. UNIFORM INTERSTATE FAMILY SUPPORT ACT.

ARTICLE 17. WEST VIRGINIA SUPPORT ENFORCEMENT COMMISSION.

ARTICLE 18. BUREAU FOR CHILD SUPPORT ENFORCEMENT.

ARTICLE 19. BUREAU FOR CHILD SUPPORT ENFORCEMENT ATTORNEY.

ARTICLE 20. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT.

ARTICLE 21. RESERVED.

ARTICLE 22. ADOPTION.

ARTICLE 23. VOLUNTARY ADOPTION REGISTRY.

ARTICLE 24. ESTABLISHMENT OF PATERNITY.

ARTICLE 25. CHANGE OF NAME.

ARTICLE 25A. MATERNAL MORTALITY REVIEW TEAM.

ARTICLE 26. DOMESTIC VIOLENCE ACT.

ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.

ARTICLE 27A. DOMESTIC VIOLENCE FATALITY REVIEW TEAM.

ARTICLE 28. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT.

ARTICLE 28A. ADDRESS CONFIDENTIALITY PROGRAM.

ARTICLE 29. PROPERTY, RIGHTS AND LIABILITIES OF MARRIED WOMEN; HUSBAND AND WIFE.

ARTICLE 30. PROCEEDING BEFORE A FAMILY LAW MASTER.

ARTICLE 31. UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT.

ARTICLE 4. SEPARATE MAINTENANCE.

§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.

§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.

§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.

§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.

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