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1497
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HARRY HUGHES, Governor
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adultery; fourthly, when the court shall be satisfied by
competent testimony that the party complained against has
abandoned the party complaining, and that such abandonment has
continued uninterruptedly for at least twelve months, and is
deliberate and final, and the separation of the parties beyond
any reasonable expectation of reconciliation; fifthly, when the
husband and wife shall have voluntarily lived separate and apart;
without any cohabitation, for twelve consecutive months prior to
the filing of the bill of complaint, and such separation is
beyond any reasonable expectation of reconciliation; sixthly,
when the party complained against has been convicted of a felony
or misdemeanor under the laws of this State or of any other state
in the United States, or the United States and has been sentenced
to serve at least three years or an indeterminate sentence in any
penitentiary or penal institution 12 months of which sentence has
been served; seventhly, on the application of either party when
the husband and wife have lived separate and apart without any
cohabitation and without interruption for [three] 2 years. A plea
of recrimination is not a bar to either party obtaining a divorce
on the fifth ground and a plea of res adjudicata or of
recrimination with respect to any other provisions of this
section is not a bar to either party obtaining a divorce on the
seventh ground.
Upon a hearing of any bill for a divorce, the court may
decree a divorce a vinculo matrimonii for the following causes,
to wit: first, [the impotence of either party at the time of the
marriage; secondly, for any cause which by the laws of this
State, render a marriage null and void ab initio; thirdly,] for
adultery; [fourthly] SECONDLY, when the court shall be satisfied
by competent testimony that the party complained against has
abandoned the party complaining, and that such abandonment has
continued uninterruptedly for at least twelve months, and is
deliberate and final, and the separation of the parties beyond
any reasonable expectation of reconciliation; [fifthly] THIRDLY,
when the husband and wife shall have voluntarily lived separate
and apart, without any cohabitation, for twelve consecutive
months prior to the filing of the bill of complaint, and such
separation is beyond any reasonable expectation of
reconciliation; [sixthly] FOURTHLY, when the party complained
against has been convicted of a felony or a misdemeanor under the
laws of this State or of any other state in the United States, or
the United States and has been sentenced to serve at least three
years or an indeterminate sentence in any penitentiary or penal
institution 12 months of which sentence has been served;
[seventhly] FIFTHLY, on the application of either party when the
husband and wife have lived separate and apart without any
cohabitation and without interruption for [three] 2 years. A
plea of recrimination is not a bar to either party obtaining a
divorce on the [fifth] FIRST, SECOND, THIRD, OR FOURTH ground BUT
IS A FACTOR TO BE CONSIDERED BY THE COURT IN A CASE INVOLVING THE
FIRST GROUND; and a plea of res adjudicata or of recrimination
with respect to any other provisions of this section is not a bar
to either party obtaining a divorce on the [seventh] FIFTH
ground. CONDONATION IS NOT AN ABSOLUTE BAR TO AN AWARD OF DIVORCE
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