Haynes v. Haynes

Neely, Chief Justice:

The Court granted this appeal to determine whether a wife may be entitled to alimony in a divorce based upon irreconcilable differences, W.Va. Code, 48-2-4(a)(10) [1977], 1 notwithstanding that she cannot demonstrate fault or inequitable conduct on the part of the husband. We find that she may be so entitled and reverse and remand.

Appellant Marilyn Haynes originally filed an action for divorce from her husband Roger on 19 October 1978, alleging adultery, mental cruelty, and irreconcilable differences. After a hearing, the court granted appellant a divorce for…