CHAPTER 455

An Act to amend and reenact § 20-97, as amended, of the Code of
Virginia, relating to domicile and residence requirements m suits
for annulling a marriage or for divorce.

[fH 352]

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:
1. That § 20-97, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 20-97. Domicile and residential requirements for such suits.—
No suit for annulling a marriage or for divorce shall be maintainable,
unless one of the parties is domiciled in, and is and has been an actual
bona fide resident of this State for at least one year preceding the com-
mencement of the suit; nor shall any suit for affirming a marriage be
maintainable, unless one of the parties be domiciled in, and is and has
been an actual bona fide resident of this State at the time of bringing
such suit. For the purposes of this section only, if a member of the armed
forces of the United States has been stationed in this State and has lived
with his or her spouse for a period of one year or more in this State next
preceding a separation between such parties, and such service person
and spouse continue to live in this State until and at the time a suit
for divorce or legal separation is commenced, then such person and his
or her spouse shall be presumed to be domiciled in and to have been a
bona fide resident of this State during such period of time.

For the purposes of this section only, upon separation of the husband
and wife, the wife may establish her own and separate domicile, though
the separation may have been caused under such circumstances as would
not entitle the wife to a divorce or annulment.