Chap. 177.—An ACT to amend and re-enact Section 5115 of the Code of Virginia,
as amended, relating to merging a decree for divorce from bed and board into
a decree from the bond of matrimony. [S B 16]

Approved March 13, 1946

Be it enacted by the General Assembly of Virginia :

1. That section fifty-one hundred fifteen of the Code of Virginia, as
amended, be amended and re-enacted, as follows:

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 separation 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 satisfactory evidence, whether taken theretofore or in support of
such application, 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 rec-
onciliation has taken place, or is probable, and that a separation has
continued without interruption since the granting of such divorce. It
shall not be necessary to give the guilty party notice of the taking of
depositions in any case in which the only purpose of the proceeding 1s
to merge the decree for divorce from bed and board into a decree for a
divorce from the bonds of matrimony, and to allow the wife if she so
desires, to resume her maiden name. 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 satis-
factory evidence, whether taken theretofore, or in support of such ap-
plication, the court may, in its discretion, 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 interruption since the granting of such
divorce, and the court may also make such provision as is proper for the
maintenance and support of 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.