Page:United States Statutes at Large Volume 79.djvu/929

 79 STAT. ]

PUBLIC LAW 89-217-SEPT. 29, 1965

889

Public Law 89-217 AN ACT

To amend part II of the District of Columbia Code relating to divorce, legal separation, and annulment of marriage in the District of Columbia. Be it enacted, by the Senate and House of Representat't/ves of the United States of America in Congress assemMed^ That section 16-902 of the District of Columbia Code is amended to read as follows: "§ 16-902. Residence requirements •'No action for divorce shall be maintainable unless one of the parties to the marriage has been a bona fide resident of the District of Columbia for at least one year next preceding the commencement of the action. No action for annulment of a marriage performed outside the District of Columbia shall be maintainable unless one of the parties is a bona fide resident of the District of Columbia at the time of the commencement of the action. No action for the affirmance of any marriage shall be maintainable unless one of the parties is a bona fide resident of the District of Columbia at the time of the commencement of the action. The residence of the parties to an action for annulment of a marriage performed in the District of Columbia shall not be considered in determining whether such action shall be maintainable." SEC. 2. Section 16-904 of the District of Columbia Code is amended to read as follows: "§ 16-904. Grounds for divorce, legal separation and annulment " (a) A divorce from the bond of marriage or a legal separation from bed and board may be granted for adultery, actual or constructive desertion for one year, voluntary separation from bed and board for one year without cohabitation, or final conviction of a felony and sentence for not less than two years to a penal institution which is served in whole or in part. A legal separation from bed and board also may be granted for cruelty. " (b) A judgment of legal separation from bed and board may be enlarged into a judgment of divorce from the bond of marriage upon application of the innocent party, a copy of which shall be duly served upon the adverse party, after the separation of the parties has been continuous for one year next before the making of the application. "(c) Marriage contracts may be declared void in the following cases: "First. Where such 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 Jias been voluntary cohabitation after the discovery of the lunacy). "Third. Where such marriage was procured by fraud or coercion. "Fourth. Where either party was matrimonially incapacitated at the time of marriage and has continued so. "Fifth. 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. 3. Section 16-916 of the District of Columbia Code is amended to read as follows: '*§ 16-916. Maintenance of wife and minor children; maintenance of former wife; enforcement " (a) Whenever any husband shall fail or refuse to maintain his wife, minor children, or both, although able to do so, or whenever any father 49-850 0-66—59

September 29, 1965

[H. R. 948]

District of Columbia Code. Divorce, legal separation, and annulment, 77 Stat. 560.

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