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20-93 - Insanity of guilty party after commencement of desertion no defense.

§ 20-93. Insanity of guilty party after commencement of desertion no defense.

When the suit is for divorce from the bond of matrimony for willful desertionor abandonment, it shall be no defense that the guilty party has, since thecommencement of such desertion, and within one year thereafter, become andhas been adjudged insane, but at the expiration of one year from thecommencement of such desertion the ground for divorce shall be deemed to becomplete, and the committee of the insane defendant, if there be one, shallbe made a party to the cause, or if there be no committee, then the courtshall appoint a guardian ad litem to represent the insane defendant. Thissection shall apply whether the desertion or abandonment commenced heretoforeor shall commence hereafter.

(Code 1919, § 5103; 1926, p. 869; 1934, p. 20; 1954, c. 389; 1975, c. 644.)

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