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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.
Prior to 1986, each Circuit Judge handled divorce cases directly, often adopting local informal procedures, which varied from county to county, to deal with the caseload. There are currently forty-seven family court judges who serve twenty-seven family court circuits. Family court judges, are elected for a term of eight years.
Divorce laws have changed a great deal over the last few centuries. [10] Many of the grounds for divorce available in the United States today are rooted in the policies instated by early British rule. [11] Following the American Colonies' independence, each settlement generally determined its own acceptable grounds for divorce. [12]
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.
In some states, separation is a triggering event, recognized as the end of the term of the marriage. Other states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. Age of the parties at the time of the divorce
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