Chap. 118.—An. ACT to amend and re-enact Section 5115 of the Code of Virginia;
as heretofore amended, relating to merging a decree for divorce from. bed. and
board into a decree from the bond of matrimony. [S B 102]

Approved March 6, 1942

, 1. Be it enacted by the General Assembly of Virginia, That section
fifty-one hundred and fifteen of the Code of Virginia, as heretofore
amended, be amended and re-enacted,as follows: . | a

~ Section 5115. When and How a Decree for Divorce From Bed
and Board May Be Revoked, or May Be Merged Into a Decree of
Divorce From the Bond of Matrimony.—When a decree for a separa-
tion forever, or a limited period has been made in a suit for a divorce from
bed and board, it may at any time thereafter, upon the joint application of
the parties, and the production by them of satisfactory evidence of their
reconciliation, be revoked by the same court which made it and under
such regulations and restrictions as the court may impose. And in any
case where desertion or cruelty is the ground for divorce when two years
shall have elapsed from the time of such desertion or when two years shall
have elapsed from the time the parties separated when cruelty is charged,
upon application of the party injured, and upon the production of satis-
factory evidence, whether taken theretofore or in support of such applica-
tion, the court may merge such decree for divorce from bed and board
into a decree for a divorce from the bonds of matrimony, if the court shall
be of opinion, from the evidence so taken, that no reconciliation has taken
place, or is probable, and that a separation has continued without inter-
ruption since the granting of such divorce. And when three years shall
have elapsed after the entering of a decree for divorce from bed and
board, upon application of the guilty party to such divorce proceedings,
after giving to the defendant in such application such notice as is required
upon the filing of an original suit for divorce, and upon the production of
satisfactory evidence, whether taken theretofore, or in support of such
application, the court may, in its discretion, merge such decree. for .di-
vorce from bed and board into a decree for a divorce from the bonds of
matrimony, if the court shall be of opinion from the evidence.so taken,
that no reconciliation has taken place, or is probable, and that a separa-
tion has continued without interruption.since the granting of such di-
vorce, and the court may also make such provision as is proper for the
maintenance and support of the wife and children, if any, in accordance

with the right of the case. The provisions of this section shall apply to the
divorces from bed and board, which have been heretofore as well as those
which may be hereafter granted. .