Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1907-01-03

this state, and when at thf Time o
the commencement OF the actiQn th
plaintim Is a bona fide re aAent 0f thI
state, Jurisdiction tor mi purpose
divorce. whether absolute from be-
and board. may be acqu y pub
location, TO be followed vhrfo pracu
cable by service upon or rnueC Goo th
defendant without this state or uy ad
ditional substituted service UPON %
defendant within this state ts pro
scribed by law, under IN toAowin
conditions:
a. When. at the time TIVE ctlsc %
action arose. the plaintiff wNs bon
ide resident OF this STATE and ha
continued so to be down IL the tlm,
OF the commencement Of the artion
except that no action for absolute di
vorce shall be commenced Tor any
cause other than adultery or higamf
unless the plaintiff he's been Tor thc
two years next preceding the corn
mencement Of the action bona ndc
resident OF this state.
b. When. since tho cause ot action
arose, the plaintin has become. aud
for az least two years next pfeccline
the commencement OF the action Peas
continued 20 be. bona fido resident
4
faction alleged was recognized ln thh
jurisdiction in which the plainiM RES
sided at the time the cause az action
arose as a ground FOR the same rae
lief asked for in the action in th.s
state.
Section II. Anyone charged ue
particeps criminis shall be made
party, upon his or her application to
3 fl.
conditions as the court may pre- arinc
Section ~. All hearings and trials
shall be had before the court, and NOT
before a master. referee, or any other
delegated representative, and shall in
Ian cases be public.
Section 49, In all uncontestod oasoe
and IN any other case where the court
may deem IL necessary or proper d
dislnterested attorney may be assign
ed by the court actively 20 defend the
case
Section u. No decree for arnul-
ment OF marriage or for divorce shall
be granted unless the cause is shown
by affirmative proof aside from any
admissions on the part Of the defend
ant.
Section IS. No record or evidence
IN any case shah be impounded, or sc.
cess thereto refused
r Section IS. II after the hearing ni
any cause. or after a jury trial result
3 ing IN a verdict for the plaintiff. tho
/ court shall be OF opinion that the
plaintiff is entitled to decree annui %
ing the marriage, or 20 a decree Yer
divorce from the bonds OF matrlmony,
t a decree nisi shall be entered.
Section IL. A decree nisi shall be-
come absolute after the expiration of
Z one year from the entry thereof. un-
s less appealed from or proceedings for
b review are pending or the court boz
fore the expiration Of said period for
. sufficient cause. upon its own motion
or upon the application OF any party
8 whether interested or not, otherwisa
/ orders: and al the expiration OF one
e year such final and absolute decree
{ shall then be entered upon application
4 10 the court by the plaintiff, unless
y prior to that time cause be shown to
y the contrary.
/. Section u.s. In all cases OF divorce
4 from bed and board for any Of the
o causes specified IN Section Of this
G act, the court may decree a separation
n forever thereafter. or for n limited
time. as shall seem just and reason
able. with a provision that IN case OF
o n reconciliation at any time there
after the parties may apply FOR n re-
G vocation or suspension of the decree;
and upon such application the court
shall make such order as may be just
- and reasonable.
L Section 10. The court upon grant
ing a divorce from the bonds Of mat
r rimony to a woman may allow her to
& resume her maiden name, or the name
s OF former deceased husband.
1. Section 20. In an action brought by
. the wife. the legitimacy of any child
/, born or begotten before the COM
. lmencement OF the action shall not be
s affected.
Il Section 81. In an action brought by
= the husband, the legitimacy OF any
o child born or begotten before the COM
), mission OF the offense charged shall
a not be affected: but the legitimacy of
y any child Of the wife may be deter
mined as one OF the issues Of the ac-
II ton. All children bogotten before tho
o commencement Of the action shall be
q presumed TO be legitimate.
n Section %. Full faith and credit
shall be given IN all the courts Of this
State 20 decree Of annulment 81
% marriage or divorce by a court OF com
petent jurisdiction IN another state
j. territory or possession Of the Unitei
states when the jurisdiction Of 81
q court was obtained In the matter and
Ie in substantial conformity with IN,
II conditions prescribed in Sections 2, 8
n and 10 OF this act. Nothing herein
t. contained shall be construed to limit
Is the power OF any court 10 give such
II effect 20 decree Of annulmcnt or d.
vcrce by court Of foreign country
s "a may be justified by the rules n in
T. lternational comfy: Provided. That u
II any inhabitant OF this state shall 20
into another state. territory or couu-
/ try IN order to obtain a decree OF d.
N vorce for n cause which occurrc
e while the parties resided IN this state,
n or for a cause which Is not ground for
u divorce unda- the laws OF this state. a
10 decree so obtained shall be OF no force
or effect IN this State.
, Section 23 Tho following ass OF
a Assembly and plv.s OF acts. viz: o
/ and all other acts and PARIS Of
= acts OF Assembly Of this state, enn-
= erai, special or local, mconsi stcnt with
this act. be aud the same arc hereby
2 rerealed Provided, That nothing In
A this act coniai c'd shall affect or annly
= TO any actions or annglmcnt n mar
Z lIiage. or for iiy1s'e nnw handing
. Section "a. This act shall take @. =