20-121 - Merger of decree for divorce from bed and board with decree for divorce from bond of matrimony. - Virginia Statutes

§ 20-121. Merger of decree for divorce from bed and board with decree fordivorce from bond of matrimony.

In any case where a decree of divorce from bed and board has been granted,and the court shall determine that one year has elapsed since the event whichgave rise to such divorce or, in any case where the parties have entered intoa separation agreement and there are no minor children either born of theparties, born of either party and adopted by the other or adopted by bothparties, that six months has elapsed since such event, and the parties havebeen separated without interruption since such divorce was granted and noreconciliation is probable, it may merge such decree into a decree fordivorce from the bond of matrimony upon application of either party. Theinjured party need not give the guilty party notice of his application to thecourt if such application is limited to such merger nor of the taking ofdepositions in support thereof, but shall give due notice if he raises newmatters. If the guilty party initiates proceedings for such merger he shallgive the other party ten days' notice thereof. No final decree for divorceentered in such a case shall terminate or otherwise affect any restrainingorder, or order for the payment of costs, counsel fees, support andmaintenance for a spouse or child or children except as specifically providedin such decree. The provisions of this section shall apply to the divorcesfrom bed and board, which have been heretofore granted.

(Code 1919, § 5115; 1926, p. 859; 1934, p. 21; 1942, p. 158; 1946, p. 264;1948, p. 539; 1950, p. 634; 1952, c. 100; 1960, c. 19; 1968, c. 326; 1975, c.644; 1979, c. 1; 1987, c. 38; 1988, c. 404.)