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West Virginia Family Courts handle cases involving divorce; annulment; separate maintenance; paternity; grandparent visitation; issues involving allocation of parental responsibility; and family support proceedings, except those incidental to child abuse and neglect proceedings.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. [1] The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands.
Divorce jurisdiction was handled in a variety of informal ways until 1986 when a "Family Law Master" system was established, making "recommended decisions" to the judge. This system proved unsatisfactory and was replaced with the West Virginia Family Courts in 2000, and Circuit Court were assigned appellate jurisdiction in such matters.
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Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order.
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