Page:United States Statutes at Large Volume 76A.djvu/777

–681– -681§ 159. Time when condonation can be made I n cases mentioned in section 168 of this title, condonation can be made only after the cause of divorce has become complete as to the acts complained of. § 160. Concealment as voiding condonation A fraudulent concealment by the condonee of facts constituting a different cause of divorce from the one condoned, and existing at the time of condonation, avoids the condonation. § 161. Revocation of condonation Condonation is revoked and the original cause of divorce revived when the condonee: (1) commits acts constituting a like or other cause of divorce; or (2) is guilty of great conjugal unkindness, not amounting to a cause of divorce, but sufficiently habitual and gross to a&ow that the conditions of condonation had not been accepted in good faith, or not fulfilled. § 162. Recrimination generally Recrimination is a showing by the defendant of a cause of divorce against the plaintiff, in oar of the plaintiff's cause for divorce. § 163. Condonation as bar to recriminatory defense Condonation of a cause of divorce, shown in the answer as a recriminatory defense, is a bar to the defense unless: (1) the condonation is revoked as provided in section 161 of this title; or (2) two years have elapsed after the condonation, and before the accruing or completion of the cause of divorce against which the recrimination is shown. § 164. Lapse of time as bar to divorce; limitations (a) A divorce shall be denied: (1) when the cause is adultery and the action is not commenced within two years after the commission of the act of adultery, or after its discovery by the injured party; (2) when the cause is conviction of felony, and the action is not commenced before the expiration of two years after a pardon, or the termination of the period of sentence; or (3) in all other cases when there is an unreasonable lapse of time before the commencement of the action. (b) There are no limitations of time for commencing actions for divorce, except those contained in subsection (a) of this section. § 165. Presumptions arising from lapse of time Unreasonable lapse of time is such a delay in commencing the action as establishes the presumption that there has been connivance, collusion, or condonation of the offense, or full acquiescence in the same, with intent to continue the marriage relation notwithstanding the commission of the offense. § 166. Rebuttal of presumptions The presumptions arising from lapse of time may be rebutted by showing reasonable grounds for the delay in commencing the action. Subchapter III—Procedure in Divorce Actions § 191. Jurisdiction and venue of divorce actions (a) The district court has jurisdiction of actions for divorce. (b) Complaints for divorce shall be filed in the division of the district court in which the plaintiff resides.

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