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Legal Information: West Virginia

Selected Statutes: West Virginia

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Updated: 
September 3, 2025

48-5-204. Grounds for divorce; adultery

A divorce may be ordered for adultery. Adultery is the voluntary sexual intercourse of a married man or woman with a person other than the offender’s wife or husband. The burden is on the party seeking the divorce to prove the alleged adultery by clear and convincing evidence.