Page:United States Statutes at Large Volume 77.djvu/593

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[77 STAT. 561]
PUBLIC LAW 88-000—MMMM. DD, 1963
[77 STAT. 561]

77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

(2) the marriage was contracted during the lunacy of either party, unless there has been voluntary cohabitation after the lunacy, or was procured by fraud or coercion; (3) either party was matrimonially incapacitated at the time of marriage and the incapacity has continued; or (4) eitherparty had not arrived at the age of legal consent to the contract of marriage, unless there has been voluntary cohabitation after coming to legal age, but only on the action of the party not capable of consenting. § 16-905. Revocation of decree of divorce from bed and board The court may revoke its decree of divorce from bed and board at any time, upon the joint application of the parties to be discharged from the operation of the decree. §16-906. Causes for absolute divorce arising after decree for

separation Where a divorce from bed and board has been decreed the court may afterwards decree an absolute divorce between the parties for any cause arising since the first decree and sufficient to entitle the complaining party to the second decree. § 16-907. Legitimacy of issue of annulled' m a r r i a g e contracted while another in force If any marriage is declared by decree to be void because either party has a former wife or husband living, and it appears that the marriage was contracted in good faith by the other part^ and in ignorance of the obstacle to the marriage, the court shall so find and declare in its decree, and the issue of the marriage shall be deemed to be the legitimate issue of the parent who was capable of contracting. § 16-908. Legitimacy of issue of annulled marriage with lunatic If a marriage is declared null and void because of the idiocy or lunacy of either party at the time of the marriage the issue of the marriage shall be deemed legitimate. § 16-909. Legitimacy of issue of divorced marriage A divorce for a cause provided for by this chapter does not affect the legitimacy of the issue of the marriage dissolved by the divorce, but the legitimacy of the issue, if questioned, shall be tried and determined according to the course of the common law. § 16-910. Dissolution of property rights; jurisdiction of court Upon the entry of a final decree of annulment or absolute divorce, in the absence o i a valid antenuptial or postnuptial Hgreeiuent in relation thereto, all property rights of the parties in joint tenancy or tenancy by the entirety shall stand dissolved and, in the same proceeding in which the decree is entered, the court may award the property to the one lawfully entitled thereto or apportion it in such manner as seems equitable, just, and reasonable. § 16-911. Alimony pendente lite; suit money; enforcement; custody of children During the pendency of an action for divorce, or an action by the husband to declare the marriage null and void, where the nullity is denied by the wife, the court may: (1) require the husband to pay alimony to the wife for the maintenance of herself and their minor children committed to her care, and suit money, including counsel fees, to enable her to conduct her case, whether she is the plaintiff or the defendant, and enforce any order relating thereto by attachment and imprisonment for disobedience; 93-025 0-64-38

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