West Virginia Code § 48-5-202

Grounds for divorce; voluntary separation
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(a) A divorce may be ordered when the parties have lived separate and apart in separate
places of abode without any cohabitation and without interruption for one year. The
separation may occur as a result of the voluntary act of one of the parties or the mutual
consent of both parties.
(b) Allegations of res judicata or recrimination with respect to any other alleged grounds for
divorce are not a bar to either party obtaining a divorce on the ground of voluntary
separation.
(c) When required by the circumstances of a particular case, the court may receive evidence
bearing on alleged marital misconduct and may consider issues of fault for the limited
purpose of deciding whether spousal support should be awarded. Establishment of fault does
not affect the right of either party to obtain a divorce on the ground of voluntary separation.

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