(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.
(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.
Structure West Virginia Code
Chapter 48. Domestic Relations
§48-5-102. Subject Matter Jurisdiction
§48-5-103. Jurisdiction of Parties; Service of Process
§48-5-104. Retention of Jurisdiction When Divorce Is Denied
§48-5-105. Residency Requirements for Maintaining an Action for Divorce
§48-5-106. Venue of Actions for Divorce
§48-5-107. Parties to a Divorce Action
§48-5-201. Grounds for Divorce; Irreconcilable Differences
§48-5-202. Grounds for Divorce; Voluntary Separation
§48-5-203. Grounds for Divorce; Cruel or Inhuman Treatment
§48-5-204. Grounds for Divorce; Adultery
§48-5-205. Grounds for Divorce; Conviction of Crime
§48-5-206. Grounds for Divorce; Permanent and Incurable Insanity
§48-5-207. Grounds for Divorce; Habitual Drunkenness or Drug Addiction
§48-5-208. Grounds for Divorce; Desertion
§48-5-209. Grounds for Divorce; Abuse or Neglect of a Child
§48-5-301. When a Divorce Not to Be Granted
§48-5-401. Verification of Pleadings
§48-5-402. Petition for Divorce
§48-5-405. Amendments to Pleadings
§48-5-501. Relief That May Be Included in Temporary Order of Divorce
§48-5-502. Temporary Spousal Support
§48-5-503. Temporary Parenting Order; Child Support
§48-5-504. Attorney's Fees and Court Costs
§48-5-505. Costs of Health Care and Hospitalization
§48-5-506. Use and Occupancy of the Marital Home
§48-5-507. Use and Possession of Motor Vehicles
§48-5-508. Preservation of the Properties of the Parties
§48-5-509. Enjoining Abuse, Emergency Protective Order
§48-5-510. Consideration of Financial Factors in Ordering Temporary Relief
§48-5-511. Disclosure of Assets
§48-5-512. Ex Parte Orders Granting Temporary Relief
§48-5-513. Granting of Ex Parte Relief
§48-5-514. Temporary Order Not Subject to Appeal or Review
§48-5-601. Relief That May Be Included in Final Order of Divorce
§48-5-602. Court May Require Payment of Spousal Support
§48-5-603. Relief Regarding Minor Child or Children
§48-5-604. Use and Occupancy of Marital Home
§48-5-605. Use and Possession of Motor Vehicles
§48-5-606. Relief Regarding Costs of Health Care and Hospitalization
§48-5-607. Court May Order Transfer of Accounts for Recurring Expenses
§48-5-608. Injunctive Relief or Protective Orders
§48-5-609. Court May Restore to Either Party His or Her Property
§48-5-610. Court May Order Just and Equitable Distribution of Property
§48-5-611. Suit Money, Counsel Fees and Costs
§48-5-612. Court May Order a Party to Deliver Separate Property
§48-5-613. Former Name of Party; Restoration
§48-5-701. Revision of Order Concerning Spousal Support
§48-5-702. Revision of Order Enjoining Abuse
§48-5-703. Revision of Order Allocating Custodial Responsibility and Decision-Making Responsibility
§48-5-704. Revision of Order Establishing Child Support
§48-5-706. Revision of Order Concerning Distribution of Marital Property
§48-5-707. Reduction or Termination of Spousal Support Because of De Facto Marriage