Dyer v. Tsapis

Neely, Justice:

We issued a rule to show cause in this action in prohibition to determine whether the word “fault” in W.Va. Code, 48-2-4(a)(7) [1977] means conduct sufficient to support a fault-based divorce or simply inequitable conduct. We confine ourselves to the question whether the trial court exceeded her legitimate powers when she awarded alimony to relator’s wife in a divorce proceeding based upon one year’s separation after finding evidence sufficient only to demonstrate “inequitable conduct” rather than evidence sufficient to warrant entitlement to a divorce on fault grounds.

On…