The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1910-02-17
DIVORCE LAW y
BEFORE SENATE
Senator Ward, - Winchester, Patron
of Measure Recommended BY Ma
tiOnaf Divorce Congress.

RIC3%oND, VA. - Special. -
senatf Fward. of Winchester. is pa
tron o. . measure designed to con-
torn the Virginia divorce law to the
uniform divorce law recommended by
- the National Divorce Congress. The
oil is now before the Senate Com
! mittee for Courts of Justice.
r The title OF the bill is "A bill TO
amend and re-enact section 2257 ana
section 1850 Of chapter IO1 of the
/ Code of Virginia relating to divorce
and annulment of marr!ase. and to
add to section 1880 five suDse~,.ons
designated 226Oa. 226Ob. 226Oc. 226Od.
226Oe"
Section 2257 is amended by the ad-
dition of this clause: PROVIDED.
HOWEVER. THAT WHEN IT Is
SOUGHT TO OBTAIN SUCH d.
| VORCE FOR A CAUSE ARISING
IN ANOTHER STATE, THE SAME
| SHALL NOT BE @ GRANTED UNLESS
SAID CAUSE WAS AT THAT TINE A
GROUND FOR DIVORCE IN SAID
| STATE"
Section 226O is amended to read as
| follows:
How instituted and conducted
| Such suits shall be instituted and con-
Quoted as other suits in equity are
except that the bill shall not be taken
Tor confessed; and, whether the de-
PENDANT answer or not, the cause shall
be heard Independently OF the admis-
slonS OF either party in the pleauings
| or otherwise; and no process or no.
tice in such proceedings s...4 be
served in this State, except 10y OFF,
GERS authorized to serve the same,
AND ALL DISPOSITIONS WHEN
TAKEN IN THIS STATE, SHALL BE
DULY CERTIFIED BY THE COM
MISSIONER OR NOTARY PUBLIC
BEFORE WHOM THEY ARE
TAKEN. Costs may be awarded to
either party, as equity and justice
may require
The following are new sections pro-
posed in the bill:
Section DISQUALIFICATION of the
bill-The bill in all such suits shall
contain, in addition to the allegations
heretofore necessary, a statement Of
the age, color and occupation of each
party, the date and place of marriage,
the residence of each party at the
time of the marriage. the date of
separation, and the names and ages
of all children by such marriage.
Section 2260b-When attorney as
signed to defend suit-In all contested
suit and in any suit where the court
may deem IL necessary or proper a
disinterested attorney shall be assign
ed by the court actively to defend the
suit, and the court shall fix the COM
pensation of such attorney, which shall
be taxed as a part of the costs.
Section 2260c-Proceedings when
the defendant is not personally served
with procesS-Whenever the defend
ant has not been personally served
with process to begin the suit, the
court shall appoint, after maturity OF
said cause and before the hearing, one
OF its commissioners in chancery to
seek diligently to ascertain the
in order to ascertain the same the
commissioner may summons before
him and examine under oath the
plaintiff or any other person, and If
il be found that the defendant is In
this State, process shall be served
upon him, and If it be ascertained
that the defendant may be found at
some place beyond the limits of this
State, process shall be sent to him
through the registered mail of the
United States; and the court shall not
proceed to the trial until it appears
that every reasonable effort has been
made to inform the defendant of the
pc rdency of the suit.
Sec. 226Od. a decree nisi-If upon
tho hearing of the cause, the court be
Of the opinion that the plaintif is en-
titled to decree annulling the mar
| riage or to a divorce from the bond
OF Inatrimony, decree nisi shall be en-
tered, and such decree shall become
final and absolute after the expiration
| OF one year from the entry thereof,
unless appealed from, or proceedings
for review be pending, or the court,
! before the expiration of said period
for sufficient cause, otherwise orders;
and at the expiration of one year such
final and absolute decree shall then
be entered upon application to the
court by the plaintiff unless prior to
shat time cause be shown to the con-
lrary.
Sec. 2260e. Full faith and credit
to decree from another State; eXcep-
tons as to evasion of the laws of this
State.-Full faith and credit shall be
given in all courts of this State to a
| decree OF annulment of marriage or
divorce granted by such court of COM
petent jurisdiction in another State
when the jurisdiction of such court
was obtained in substantial conform
; ity with the provisions of this chap
J ter; provided, that if any inhabitant
J of this State shall go into another
State or country in order TO obtain ar
5 innulment of marriage, or a divorce
for a cause which occurred while the
parties residing in this State, or, fol-
: I cause which is not ground for di
: yorce under the laws OF this State,
lecree so obtained shall be of no fore,
= N effect in this State.
Sec. 2. No part OF this act shall APP
0 lily to any suit for the annulment o
e marriage or for divorce from bed an,
S | BOARD, or from bond OF matrimon,
which may have been instituted be
I ore the passage OF this act but sue
uits may be proceeded with unde
! HAPPIER 1O1 OF the Code OF Virginia
- as itbeXisted before amended as here
in Provided