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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 4. SEPARATE MAINTENANCE.

ARTICLE 5. DIVORCE.

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 5A. COLLABORATIVE FAMILY LAW PROCEEDINGS.

§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.

§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.

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