Chap. 517.—An ACT to amend and re-enact section 5103 of the Code of Vir-
ginia, in relation to divorces from the bond of matrimony. [H B 190]

Approved March 25, 1926.

1. Beit enacted by the general assembly of Virginia, That section
fifty-one hundred and three of the Code of Virginia, be amended and
re-enacted so as to read as follows:

Section 5103. Divorces from bond of matrimony.—A divorce from
the bond of matrimony may be decreed:
For adultery;

For natural or incurable impotency of body existing at the time of
entering into the matrimonial contract;

Where either of the parties subsequent to the marriage has been
sentenced to confinement in the penitentiary of this State or of any
other State of the United States or to confinement in a penitentiary
of the United States, and cohabitation has not been resumed after
such confinement (in which case no pardon granted to the party so
sentenced shall restore such party to his or her conjugal rights);

Where prior to the marriage, either party, without the knowledge
of the other, had been convicted of an infamous offense;

Where either party charged with an offense punishable with death
or confinement in the penitentiary has been indicted, is a fugitive from
justice, and has been absent for two years;

Where either party wilfully deserts or abandons the other for three
years such divorce may be decreed to the party abandoned; and

Where, at the time of the marriage, the wife without the knowledge
of the husband, was with child by some person other than the husband;

Or prior to such marriage had been, without the knowledge of her
husband, a prostitute, such divorce may be decreed to the husband.

But no such divorce shall be decreed if it appears that the party
applying for the same has cohabited with the other after knowledge
of such conviction of an infamous offense, or a husband has cohabited
with the wife after the knowledge of the fact that she was with child
or had been a prostitute as aforesaid.

When the suit is for divorce from the bond of matrimony for wilful
desertion or abandonment, it shall be no defense that the guilty party
has, since the commencement of such desertion, and within three years
thereafter, become and has been adjudged insane, but at the expiration
of three years from the commencement of such desertion the ground
for divorce shall be deemed to be complete, and the committee of the
insane defendant, if there be one, shall be made a party to the cause,
or if there be no committee, then the court shall appoint a guardian
ad litem to represent the insane defendant. This paragraph shall
apply whether the desertion or abandonment commenced heretofore
or shall commence hereafter.