Page:United States Statutes at Large Volume 31.djvu/1397

 F IF TY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1345 CHAPTER TWENTY-TWO. Divorce. Sec. 963. PET1T1oN.—All applications for 'divorce or for a decree P°*m°·“· annulling a marria e shall be made by petition to the supreme court of the District, and t%e proceedings thereupon shall be the same as in equity causes, except so far as otherwise herein provided. Sec. 964. PROOF REQUIRED.-——NO decree for a divorce, or decree P’°°‘ r°q‘“’€‘* annulling a marriage, shall be rendered on default, without proof; nor shall any admission contained in the answer of the defendant be taken as proof of the facts charged as the ground of the application, but the same shall, in all cases, be proved by other evidence. _ Sec. 965. DEGREE ANNULLING MARR1AeE.——A decree annulling the m§fi§;‘a‘§a_ ““““““‘g marriage as illegal and void may be rendered on any of the grounds mentioned in chapter forty-three as invalidating a marriage. Acunery qniy ». Sec. 966. CAUSES FOR DIVORCE A VINCULO AND roR DIVORCE A $,*;§§$iia{°r ‘“"°’°€ " MENSA ET THORO.—A divorce from the bond of marriage may be granted only where one of the parties has committed adultery during the marriage: Provided, That in such case the innocent party only -i¤¤<>c5>¤¢1>¤rtr may may remarry, but nothing herein contained shall prevent the remarriage E.]ii?}r§c'€a p a m es of the divorced parties to each othe1·: And provided, That legal sepa- §fi§§i_ "‘°m“"" mh ration from bed and board may be granted for drunkenness, cruelty, _ or desertion: Andprooided, That marriage contracts may be declared ii,Q,a°£fi§‘ffci§f m"` ` void in the followin cases: First. Wheresucg marriage was contracted while either of the parties thereto had a former wife or husband living, unless the former marriage had been lawfully dissolved. Second. Where such marriage was contracted during the lunacy of either party (unless there has been voluntary cohabitation after the lunacy) or was procured by fraud or coercion. Third. Where either party was matrimonially incapacitated at the time of marriage and has continued so. Fourth. Where either of the parties had not arrived at the age of legal consent to the contract of marriage (unless there has been voluntary cohabitation after coming to legal age), but in such cases only at the suit of the party not capable of consenting. Sec. 967. F oREoo1No SECTION NOT RETRoAoT1vE.—The provisions $Xi$iE;{;§aa¤ifa·ji¤i¤g°¤ of this Act shall not invalidate any marriage heretofore soiemnized " ' according to law, or aifect the validity of any decree or judgment of divorce heretofore pronounced. ia aaiia iai diaaiaa Sec. 968. IN SUITS EoR DIVORCE A v1NcULo D1voRcE A MENSA ET a vmcuie divorce .·. THoRo MAY BE DECREED.—Wh€T€ a divorce from the bond of marriage §°§§gi§i§dih°’° my is (prayed for the court shall have authority to decree a divorce from be and board if the causes proved be sufHcient to entitle the party to Such relief Only' Revocation of di- Sec. 969. REVOCATION OF D1voRoE A MENSA ET THoRo.-In all cases vom a mensa em where a divorce from bed and board is decreed it may at_ any time “*°'°‘ thereafter be revoked by the court upon the joint application of the parties to be discharged from the operation of the decree. Caaaaa aiiaiiia aiiai Sec.  CAUSES ARISING AFTER DIVORCE A MENSA ET THORO.··· divorce a mensa et Where a divorce from bed and board has been decreed the court may ““”°· afterwards decree an absolute divorce between the parties for any canse arising since the first decree and sufficient to entitle the complaining party to such decree. _ Oni aasiaaaaa ai_ Sec. 971. ONLY RESIDENTS DIVORCED.—-NO decree of null1ty_of mar- VOm..§_ riage or divorce shall be rendered in favor of anyone not a resident of the District of Columbia, and no divorce shall be decreed in fayor of any person who has not been a bona iide_ resident of said District for at least three years next before the application therefor for any cause voL xxx1—-85