West Virginia § 48-5-206 - 48-5-206. Grounds for divorce; permanent and incurable insanity.
Full text of West Virginia West Virginia Code § 48-5-206 — 48-5-206. Grounds for divorce; permanent and incurable insanity., with citation guidance and answers to common questions.
§ 48-5-206. 48-5-206. Grounds for divorce; permanent and incurable insanity.
(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.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 48-5-206
What does West Virginia Code § 48-5-206 cover?
Section 48-5-206 ("48-5-206. Grounds for divorce; permanent and incurable insanity.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 48-5-206?
A common citation format is "West Virginia Code § 48-5-206" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 48-5-206 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.