Divorcio

At the time you file the divorce complaint or any time afterwards, you can file motion for temporary relief. The judge would hold a hearing with both parties present to decide what specific temporary relief to order, which can include one of more of the following:¹

1. temporary spousal support in the form of periodic installments, a lump sum, or both;²
2. a temporary parenting order, including a temporary parenting plan;
3. temporary child support and medical support in the form of periodic installments;³
4. attorney’s fees and court costs that are reasonably necessary to allow either party to continue the divorce or defend against the divorce;⁴
5. an order to continue an existing insurance policy that covers the costs of health care and hospitalization of the other party or to pay a “reasonable cost” for this type of insurance policy if none currently are in effect;⁵
6. exclusive use and occupancy of the marital home to either party, together with some or all of the household goods and furniture that are reasonably necessary to live in the home;
7. exclusive use and possession of one or more motor vehicles to either party;
8. payments to third parties in the form of home loan installments, land contract payments, rent, payments for utility services, property taxes, insurance coverage, and automobile loan installments;⁶
9. terms that are reasonably necessary to protect the estate of either or both parties, including creating a constructive trust or requiring a third party to hold onto the property temporarily;⁷ and
10. an emergency protective order to stop domestic abuse or to prevent the other party from interfering with the custody or visitation rights of the other parent.⁸  

¹ W. Va. Code § 48-5-501
² W. Va. Code § 48-5-502
³ W. Va. Code § 48-5-503
⁴ W. Va. Code § 48-5-504(a)
⁵ W. Va. Code § 48-5-505
⁶ W. Va. Code §§ 48-5-506(a), (b); 48-5-507(a), (b)
⁷ W. Va. Code § 48-5-508
⁸ W. Va. Code § 48-5-509(a)