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SCR 6

Requesting Joint Committee on Government and Finance study certain grounds for divorce

2026 Regular Session Introduced by Patricia Rucker

The bill calls for a study to assess how repealing voluntary separation and irreconcilable differences as divorce grounds could affect children, adults, and state costs.

Ordered to House
#resolutions(interimstudy)
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Bill Summary · SCR 6

Bill Summary: SCR 6 (2026) — West Virginia

Purpose and Intent

  • SCR 6 requests the Joint Committee on Government and Finance to study the effects of using voluntary separation and irreconcilable differences as grounds for divorce in West Virginia.
  • The study aims to inform potential legislative action by examining social, economic, and system-wide impacts and by considering what changes might occur if voluntary separation and irreconcilable differences were repealed as grounds for divorce.

Key Provisions and Focus Areas

The resolution directs the study to address six main elements:

  1. Impact on dependent children (custody scenarios)

    • Compare outcomes for children whose parents are legally married and remain in that status versus children whose parents divorce on grounds of voluntary separation or irreconcilable differences.
    • Specific indicators to assess:
      • Academic performance
      • Rates of anxiety, depression, and mood disorders
      • Rates of substance abuse
      • Rates of delinquency

  2. Impact on legally married adults vs. those divorced on grounds of voluntary separation or irreconcilable differences

    • Compare:
      • Rates of dependence on state assistance programs
      • Mental health indicators (anxiety, depression, mood disorders)
      • Substance abuse
      • Diagnosed alcoholism

  3. Budget and funding allocation

    • Analyze how much of the family court system’s appropriations are spent on processing and adjudicating divorces under the grounds of irreconcilable differences and voluntary separation.

  4. Potential effects of repealing these grounds

    • Assess the impact on the previously noted elements (children, adults, state assistance, health, etc.) if voluntary separation and irreconcilable differences were repealed as grounds for divorce.

  5. Comparative state analysis

    • Identify whether any other states have repealed these grounds and examine the resulting effects in those states.

  6. Policy recommendations

    • Provide legislative recommendations and draft possible measures to effectuate those recommendations.

Administrative Details

  • The study will be conducted and reported to the Legislature at the 2027 regular session, including findings, conclusions, and recommended draft legislation.
  • Funding: Expenses for the study, report preparation, and drafting legislation to be paid from legislative appropriations to the Joint Committee on Government and Finance.
  • Sponsor: Senator Patricia Rucker (co-sponsor).

Context and Rationale (as presented in the resolution)

  • The accompanying background cites various sources and statistics:
    • NIH findings on common reasons for divorce (e.g., lack of commitment, arguing)
    • WV court filings for divorces (FY 2024 total: 7,266)
    • WV divorce rate (2023: 2.9 per 1,000 people per CDC)
    • General concerns about divorce impacts on children and adults (mental health, finances)
    • The family court system’s requested funding level for FY 2027 (approximately $15.5 million)
  • These elements frame the rationale for evaluating whether changing or repealing the grounds for divorce could affect outcomes and resource use.

Procedural Timeline

  • Introduced in the Senate: March 5, 2026
  • Committee and floor actions occurred in March 2026, with adoption and referral to the House on March 14, 2026
  • The resolution calls for reporting findings and recommendations in advance of the 2027 regular session

Potential Impact (What to watch)

  • If adopted and acted upon, the study could inform potential changes to divorce law in West Virginia, including:
    • Legislative proposals to repeal or modify grounds based on voluntary separation and irreconcilable differences
    • Budgetary adjustments reflecting how divorces are processed in family court
    • Policy considerations related to child well-being, adult financial independence, mental health, and substance use
  • The proposal is informational and does not itself change the law; it seeks a formal analysis to guide future decisions.

Compiled from official sources — confirm details with the bill’s official record.

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