Page:United States Statutes at Large Volume 76A.djvu/778

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–682–

-682§192. Residence requirements .'•...' t • ' (a) A person is a resident of the Canal Zone for the purpose of this chapter, although he may not have acquired a permanent domicile witliin the Canal Zone, if he: (1) has an official residence within the territorial limits of the Canal Zone; or (2) resides therein for the purpose of an occupation or em^ ployment. (b) A plaintiff who has not actually resided in the Canal Zone continuously during the entire year next preceding the filing of the complaint is not entitled to a divorce. (c) The plaintiff shall prove the required residence, to the satisfaction of the court, by at least two witnesses who are residents of the Canal Zone. He shall file an affidavit with the complaint stating the: (1) length of time the plaintiff has resided in the Canal Zone; (2) places of residence during the next preceding year; and (3) office or occupation of the plaintiff. § 193. Procedure generally Except as otherwise provided in this chapter, the process and practice in proceedings for divorce are the same as in other civil actions in which equitable relief is sought. § 194. Complaint In an action for divorce the complaint shall set forth, among other matters, as near as can be ascertained, the following facts: (1) State or country in which the parties were married; ^, (2) date of marriage; ,.^, (3) date of separation; (4) number ot years from marriage to separation; (5) number of children of the marriage, if any, and, if none, a statement of that fact; and (6) ages of minor children. § 195. Counterclaim for divorce In his answer, the defendant may file a counterclaim for divorce; and when filed the court shall decree the divorce to the party legally entitled thereto. If the original complaint is dismissed after the filing of the counterclaim, the defendant may proceed to the trial of the counterclaim without further notice to the adverse party; and the proceedings on the counterclaim are governed by the same rules as are applicable to the proceedings on an original complaint. § 196. Uncontested actions; default; additional notice (a) If the complaint is taken as confessed, the court shall proceed to hear the cause by examination of witnesses in open court, unless it otherwise orders pursuant to section 271 of Title 3. (b) In case of default the court may not grant a divorce unless it is satisfied that: (1) all proper means have been taken to notify the defendant of the pendency of the suit; and (2) the cause of divorce has been fully proved by competent evidence. (c) When the court is satisfied that the interests of the defendant require it, the court may order such additional notice as it considers equitable. § 197. Admissions of defendant |f In proceedings for divoice, an admission of the defendant may not be taken as evidence unless the court is satisfied that the admission was made in sincerity and without fraud or collusion to enable the plaintiff to obtain a divorce.