Public Law 74–453

That sections 966

District of Columbia Code, amendments.

Vol. 31, p. 1345, amended.

and 968 of chapter 22 of the Act of Congress entitled “An Act to establish a Code of Law for the District of Columbia”, approved March 3, 1901, as amended, are hereby repealed, and in lieu of section 966 the following section is hereby enacted, to be known as

Divorce.

“section 966”:

“Sec. 966. Causes for divorce a vinculo and for a divorce a mensa et thoro.—

A divorce from the bond of marriage or a legal separation from the bed and board may be granted for adultery, desertion for two years, voluntary separation from bed and board for five consecutive years without cohabitation, final conviction of a felony involving moral turpitude 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 may be granted for cruelty:

Legal separation for cruelty.

Provisos.

Enlargement into decree of absolute divorce.

Provided, That where a final decree of divorce from bed and board heretofore has been granted or hereafter may be granted and the separation of the parties has continued for two years since the date of such decree, the same may be enlarged into a decree of absolute divorce from the bond of marriage upon the application of the innocent spouse: Provided further, That marriage contracts may be

Causes for annulling marriages.

declared void in the following cases:

“First.

Where such marriage was contracted while either of the

Either party already married.

parties thereto had a former wife or husband living, unless the former marriage had been lawfully dissolved.

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“Second.

Where such marriage was contracted during the lunacy

Contracted during lunacy or by fraud, etc.

of either party (unless there has been voluntary cohabitation after the lunacy) or was procured by fraud or coercion.

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“Third.

Where either party was matrimonially incapacitated at

Either party matrimonially incapacitated.

the time of marriage and has continued so.

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“Fourth.

Where either of the parties had not arrived at the age

Under 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.”

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Sec. 2.

Section 971 of chapter 22 of said Act of Congress, as

Vol. 31, p. 1345, amended.

amended, is hereby amended to read as follows:

“Sec. 971. Only Residents Divorced.—

No decree of nullity of

Only bonafide residents divorced.

marriage or divorce shall be rendered in favor of anyone who has not been a bona fide resident of the District of Columbia for at least one year next before the application therefor, and no divorce shall be decreed in favor of any person who has not been a bona fide resident of said District for at least two years next before the application therefor for any cause which shall have occurred out of said District and prior to residence therein.”

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Sec. 3.

That chapter 22 of said Act of Congress, as amended, is hereby further amended by adding a new section, to be numbered 974a, as follows:

“Sec. 974a.

Upon the entry of a final decree of annulment or divorce a vinculo, in the absence of a valid antenuptial or post-nuptial agreement in relation thereto, all property rights of the parties in joint tenancy or tenancy by the entirety shall stand dissolved and the court, in the same proceeding in which such decree is entered, shall have power and jurisdiction to award such property to the one lawfully entitled thereto or to apportion the same in such manner as shall seem equitable, just, and reasonable.”

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Sec. 4.

That section 983a of chapter 22 of said Act of Congress, as amended, be, and it is hereby, amended and, as amended, shall read as follows:

“Sec. 983a.

No final decree annulling or dissolving a marriage shall be effective to annul or dissolve the marriage until the expiration of the time allowed for taking an appeal, nor until the final disposition of any appeal taken, and every final decree shall expressly so recite. Every decree for absolute divorce shall contain the date thereof and no such final decree shall be absolute and take effect until the expiration of six months after its date.”

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