West Virginia Code
1 - GENERAL PROVISIONS; DEFINITIONS
2 - MARRIAGES
3 - PROPERTY, RIGHTS AND LIABILITIE
4 - SEPARATE MAINTENANCE
5 - DIVORCE
6 - APPENDICES
7 - EQUITABLE DISTRIBUTION OF PROPE
8 - SPOUSAL SUPPORT
9 - ALLOCATION OF CUSTODIAL RESPONS
10 - GRANDPARENT VISITATION
11 - SUPPORT OF CHILDREN
12 - MEDICAL SUPPORT
13 - GUIDELINES FOR CHILD SUPPORT
14 - REMEDIES FOR THE ENFORCEMENT
15 - ENFORCEMENT OF SUPPORT ORDER
16 - UNIFORM INTERSTATE FAMILY SUP
17 - WEST VIRGINIA SUPPORT ENFORCE
18 - BUREAU FOR CHILD SUPPORT ENFO
19 - BUREAU FOR CHILD SUPPORT ENFO
20 - UNIFORM CHILD CUSTODY JURISDI
21 - RESERVED
22 - ADOPTION
23 - VOLUNTARY ADOPTION REGISTRY
24 - ESTABLISHMENT OF PATERNITY
25 - CHANGE OF NAME
25A - MATERNAL MORTALITY REVIEW TE
26 - DOMESTIC VIOLENCE ACT
27 - PREVENTION AND TREATMENT OF D
27A - DOMESTIC VIOLENCE FATALITY R
28 - UNIFORM INTERSTATE ENFORCEMEN
28A - ADDRESS CONFIDENTIALITY PROG
29 - PROPERTY, RIGHTS AND LIABILIT
30 - PROCEEDING BEFORE A FAMILY LA
31 - UNIFORM DEPLOYED PARENTS CUST
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 5A. COLLABORATIVE FAMILY LAW PROCEEDINGS.
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.