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2020 SESSION
20108257DBe it enacted by the General Assembly of Virginia:
1. That § 20-91 of the Code of Virginia is amended and reenacted as follows:
§ 20-91. Grounds for divorce from bond of matrimony; contents of decree.
A. A divorce from the bond of matrimony may be decreed:
(1) For adultery; or for sodomy or buggery committed outside the marriage;
(2) [Repealed.]
(3) Where either of the parties subsequent to the marriage has
been convicted of a felony, sentenced to confinement for more than one year and
confined for such felony subsequent to such conviction, and cohabitation has
not been resumed after knowledge of such confinement (in which case no pardon
granted to the party so sentenced shall restore such party to his or her
conjugal rights);
(4), (5) [Repealed.]
(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or
(7), (8) [Repealed.]
(9) (a) On the application of either party if and when the
husband and wife they have lived separate and apart without any
cohabitation and without interruption for one year. In any case where the
parties have entered into a separation agreement and there are no minor
children either born of the parties, born of either party and adopted by the
other or adopted by both parties, a divorce may be decreed on application if
and when the husband and wife they have lived separately and
apart without cohabitation and without interruption for six months. A plea of
res adjudicata or of recrimination with respect to any other provision of this
section shall not be a bar to either party obtaining a divorce on this ground;
nor shall it be a bar that either party has been adjudged insane, either before
or after such separation has commenced, but at the expiration of one year or
six months, whichever is applicable, from the commencement of such separation,
the grounds for divorce shall be deemed to be complete, and the committee of
the insane defendant, if there be one, shall be made a party to the cause, or
if there be no committee, then the court shall appoint a guardian ad litem to
represent the insane defendant.
(b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise valid, any decree of divorce hereinbefore entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.
(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or § 20-95.
B. A decree of divorce shall include each party's social
security number, or other control number issued by the Department of
Motor Vehicles pursuant to § 46.2-342.