2006 Code of Virginia § 20-91 - Grounds for divorce from bond of matrimony; contents of decree

20-91. Grounds for divorce from bond of matrimony; contents of decree.

A. A divorce from the bond of matrimony may be decreed:

(1) For adultery; or for sodomy or buggery committed outside the marriage;

(2) [Repealed.]

(3) Where either of the parties subsequent to the marriage has been convictedof a felony, sentenced to confinement for more than one year and confined forsuch felony subsequent to such conviction, and cohabitation has not beenresumed after knowledge of such confinement (in which case no pardon grantedto the party so sentenced shall restore such party to his or her conjugalrights);

(4), (5) [Repealed.]

(6) Where either party has been guilty of cruelty, caused reasonableapprehension of bodily hurt, or willfully deserted or abandoned the other,such divorce may be decreed to the innocent party after a period of one yearfrom the date of such act; or

(7), (8) [Repealed.]

(9) (a) On the application of either party if and when the husband and wifehave lived separate and apart without any cohabitation and withoutinterruption for one year. In any case where the parties have entered into aseparation agreement and there are no minor children either born of theparties, born of either party and adopted by the other or adopted by bothparties, a divorce may be decreed on application if and when the husband andwife have lived separately and apart without cohabitation and withoutinterruption for six months. A plea of res adjudicata or of recriminationwith respect to any other provision of this section shall not be a bar toeither party obtaining a divorce on this ground; nor shall it be a bar thateither party has been adjudged insane, either before or after such separationhas commenced, but at the expiration of one year or six months, whichever isapplicable, from the commencement of such separation, the grounds for divorceshall be deemed to be complete, and the committee of the insane defendant, ifthere be one, shall be made a party to the cause, or if there be nocommittee, then the court shall appoint a guardian ad litem to represent theinsane defendant.

(b) This subdivision (9) shall apply whether the separation commenced priorto its enactment or shall commence thereafter. Where otherwise valid, anydecree of divorce hereinbefore entered by any court having equityjurisdiction pursuant to this subdivision (9), not appealed to the SupremeCourt of Virginia, is hereby declared valid according to the terms of saiddecree notwithstanding the insanity of a party thereto.

(c) A decree of divorce granted pursuant to this subdivision (9) shall in noway lessen any obligation any party may otherwise have to support the spouseunless such party shall prove that there exists in the favor of such partysome other ground of divorce under this section or 20-95.

B. A decree of divorce shall include each party's social security number, orother control number issued by the Department of Motor Vehicles pursuant to 46.2-342.

(Code 1919, 5103; 1926, p. 868; 1934, p. 20; 1952, c. 100; 1960, c. 108;1962, c. 288; 1964, cc. 363, 648; 1970, c. 311; 1975, c. 644; 1982, c. 308;1986, c. 397; 1988, c. 404; 1997, cc. 794, 898.)


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