A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
[183] Act of March 18, 1848: _Acts of Assembly_ (1847-48), 165-67.
[184] _Va. Code_ (1849), 561. Probably the abandonment or
desertion is for a time less than five years, as the latter
period is sufficient for a divorce _a vinculo_: _Code_ (1860),
530, and note. On joint application of the parties and due
evidence of reconciliation, a decree of separation may be revoked
by the same court granting it; and when three years have elapsed
without reconciliation after such a decree, the court may grant
a full divorce: _Acts_ (1895-96), 103; modified by _ibid._
(1902-3), 87, 98.
By the present law, which, with a slight modification in 1872 and
another in 1894, has remained unaltered since the act of 1853,
eight causes for complete dissolution of wedlock are recognized;
and jurisdiction in all suits for divorce, annulment, or separation
is vested in the "circuit and corporation courts on their chancery
side." An absolute decree may be obtained (1) for adultery; (2)
natural or incurable impotency of body existing at the time of
entering into the marriage contract; (3) where either party is
sentenced to confinement in the penitentiary; (4) where prior to
the marriage either party, without the knowledge of the other, has
been convicted of an infamous offense; (5) "where either party
charged with an offence punishable by death or confinement in
the penitentiary has been indicted, is a fugitive from justice,
and has been absent for two years;"[185] (6) where either party
wilfully deserts or abandons the other for three years; (7) "where
at the time of the marriage, the wife, without the knowledge of the
husband, was _enceinte_ by some person other than the husband;" (8)
or where prior to the marriage she had been, without the husband's
knowledge, notoriously a prostitute. But it is especially provided
that for the last two causes no divorce shall be decreed if it
appears that the person applying has cohabited with the other after
gaining knowledge of the facts. The same is true of "conviction of
an infamous offence;" and under the third cause, that of sentence
to the penitentiary, a pardon shall not restore the offender to
conjugal rights.[186]
[185] This cause was added by the act of March 23, 1872: _Acts of
the Assembly_ (1871-72), 418, 419.
[186] _Code of Va._ (1887), 561: _Acts of the Assembly_
(1852-53), 47, 48. The term of desertion was reduced from five to
three years by _Acts_ (1893-94), 425.
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