20-97 - Domicile and residential requirements for such suits.
§ 20-97. Domicile and residential requirements for such suits.
No suit for annulling a marriage or for divorce shall be maintainable, unlessone of the parties is and has been an actual bona fide resident anddomiciliary of this Commonwealth for at least six months preceding thecommencement of the suit; nor shall any suit for affirming a marriage bemaintainable, unless one of the parties be domiciled in, and is and has beenan actual bona fide resident of this Commonwealth at the time of bringingsuch suit.
For the purposes of this section only:
1. If a member of the armed forces of the United States has been stationed orresided in this Commonwealth and has lived for a period of six months or morein this Commonwealth next preceding the commencement of the suit, then suchperson shall be presumed to be domiciled in and to have been a bona fideresident of this Commonwealth during such period of time.
2. Being stationed or residing in the Commonwealth includes, but is notlimited to, a member of the armed forces being stationed or residing upon aship having its home port in this Commonwealth or at an air, naval ormilitary base located within this Commonwealth over which the United Statesenjoys exclusive federal jurisdiction.
3. Any member of the armed forces of the United States or any foreign serviceofficer of the United States who (i) at the time the suit is commenced is, orimmediately preceding such suit was, stationed in any territory or foreigncountry and (ii) was domiciled in the Commonwealth for the six month periodimmediately preceding his being stationed in such territory or country, shallbe deemed to have been domiciled in and to have been a bona fide resident ofthe Commonwealth during the six months preceding commencement of a suit forannulment or divorce.
4. Upon separation of the husband and wife, the wife may establish her ownand separate domicile, though the separation may have been caused under suchcircumstances as would entitle the wife to a divorce or annulment.
(Code 1919, § 5105; 1922, p. 589; 1958, c. 169; 1968, c. 455; 1974, c. 278;1978, c. 412; 1985, c. 304; 1987, c. 35; 1988, c. 448; 1991, c. 259; 2009, c.582.)