Chap. 293.—An ACT to amend and reenact 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 bonds of matrimony. {H 452]

Approved March 16, 1948

Be it enacted by the General Assembly of Virginia:

1. That section fifty-one hundred fifteen of the Code of Vir-
ginia, as amended, be amended and reenacted 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 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 restric-
tions 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 produc-
tion of satisfactory evidence, whether taken theretofore or in sup-
port of such application, the court may 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 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 is to merge the decree for divorce from
bed and board into a decree for a divorce from the bonds of matri-
mony, and to allow the wife if she so desires, to resume her maiden
name, nor shall it be necessary to give the guilty party notice of
application to the court in any case in which the only purpose of
the proceeding is 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 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 satisfactory
evidence, whether taken theretofore, or in support of such appli-
cation, 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.

- And in any suit which has been stricken from the docket, and
complete relief has not been obtained, upon the motion or applica-
tion of either party to the original proceedings, the same shall be
reinstated upon the docket for such purposes as may be necessary
to grant full relief to all parties.