LaRUE v. LaRUE

No. 15578.

304 S.E.2d 312 (1983)

Betty J. LaRUE v. Walter F. LaRUE.

Supreme Court of Appeals of West Virginia.

Concurring Opinion May 27, 1983.


Attorney(s) appearing for the Case

Martorella & Martorella and Majorie Martorella, Huntington, Susan P. Moser, Wheeling, for appellant.

Bailey, Byrum & Vieweg and George B. Vieweg, III, Wheeling, for appellee.

Marsha Levick, Judith I. Avner, Anne E. Simon, New York City, for amicus curiae—The National Organization for Women Legal Defense and Education Fund and the National Center on Women and Family Law.


MILLER, Justice:

In this appeal from a final divorce action, we are asked to recognize the doctrine of equitable distribution of marital property. The trial court essentially held that the wife was not entitled to her claim for the equitable distribution of the marital assets. We conclude that the trial court erred.

The parties were married in 1950, and their marriage was a traditional one in the sense that Mr....

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