Page:United States Statutes at Large Volume 47 Part 1.djvu/1161

 72d CONG RESS. SESS. II. CSI. 128 . FEBRUARY 27, 1933 . CROSS REFERENCE Property resorted to in executing this section, see section 102 . SEC. 98. Faint CT OF DIVORCE IN GENERAL .-The effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons. SEC. 99. LEGITIMACY OF CHILDREN .-No div orce sha ll in an ywise affect the legitimacy of the children of such marriage. (Act Con g. Sept. 21, 1922, c. 370, † 18, 42 Stat . 1010 .) CROSS REFERENCES Issue of marriage dissolved by divorce legitimate, see section 403. Legitimacy of children of annulled marriages, se secti on 43. Post, p. 1138. Effect of divorce in general. Post, p. 1179 . Ante, p. 1129. 1137 ~e Legitimacy of cbil- Vol.42,p.1010. SEC. 100. INTERLOCUTORY ORDER AND APPEAL THEREFROM ; FIN AL Interlocutory order. DECREE OF DIVORCE.-(a) No final decree granting a divorce shall be entered until after the expiration of the period of six months from the date of the entry of an inte rlocutory order adjudging that a case for divorce has been proved ; and every suc} - interlocutory order shall expressly state that no divorce is granted by it. An appe al may be Appeal. taken from any s uch in terlo cutory orde r in the s ame ma nner and within the same time as an appeal from a final decree of such court in any,other proceeding. (b) After the expiration of such period of six months, or if an Final decree, appeal is taken and the case is pending at the t ime of the expira tion of such period t hen after the fi nal disposition of the case if de ter- mined in favor of the plaintiff, the court, upon application filed within thirty days after the expiration of such period or such final disposition, by the person in whose favor such interlocutory order was entered, shall enter a final decree grant :,lg a divorce. If no such application is made, the court may, on its own motion, within three months after the expiration of such thirty-day period, enter a final decree of divorce. No appeal may be taken from such final decree. Vol. 42, p. 1011; Vol. (Act Cong. Sept. 21, 1922, c. 370, † 21, l2 Stat. 1011 ; Act Con g. 44, p .926. Dec. 29,1926, e. 19, † 5 as modified, 44 Stat. 926.) SEC. 101 . ALIMONY AND MAINTENANCE ; CARE, CUSTODY, AN D SUPPO RT Alimonyandmainte- nance care, etc ., of ‡F CHZLDREN.-V~hen a divorce shall be decreed the court may make ehlllaren ' such order touching the alimony and maintenance of the wife. the care, custody, and support of the children, or any of them as, from the circumstance s of the parties and the nature of the case, shal l be reasonable and just, and in case the wife be plaintiff, to order the defendant to give reasonable security for such alimony and main- security for alimony tenance, or may enforce the payment of such alimony and mainte- nance in any other manner consistent with the rules and practice of the court. And the court may, on application, from time to time make suc h altera tions in the all owance o f alimony and mai ntenance and the care, custody, and support of the children as shall appear reasonable and proper. In decreeing a divorce to the wife the court may order the husband to pay alimony in a gross sum, or in install- ments as may seem best. And it may make such orders and enforce the same by atta chment and secure the payme nt of such alimo ny, but judgment for alimony can not be taken when the defendant is not personally served with summons or does not voluntarily appear. Vol- 42,p .1010. (Act Cong . Sept . 21, 1922, c . 370, † 20,42 Stat . 1010.) 3051 „-33-72