West Virginia Code 48-5-206 – Grounds for divorce; permanent and incurable insanity
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(a) A divorce may be ordered for permanent and incurable insanity, only if the person is permanently and incurably insane and has been confined in a mental hospital or other similar institution for a period of not less than three consecutive years next preceding the filing of the complaint and the court has heard competent medical testimony that such insanity is permanently incurable.
Terms Used In West Virginia Code 48-5-206
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) A court granting a divorce on this grounds may in its discretion order support and maintenance for the permanently incurably insane party by the other.
(c) In an action for divorce or annulment, where the petitioner is permanently incurably insane, the respondent shall not enter a plea of recrimination based upon the insanity of the petitioner.