CHAPTER 205 – DIVORCE

AN ACT TO AMEND CHAPTER 86 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO DIVORCE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Section 10 of Chapter 86 of the Revised Code of Delaware, 1935, being Code Section 3506, be and the same is hereby amended by striking out all of the said Section 10 and substituting in lieu thereof the following Section to be known as 3506, Section 10:

3506. Section 10. JURISDICTION ACQUIRED BY PUBLICATION; WHEN; HOW:—When the defendant cannot be served personally within this State, and when at the time of the commencement of the action the plaintiff is a bona fide resident of this State, an alias summons shall issue to the second term next after issuing the original writ, and the sheriff shall serve the said alias summons personally if the defendant can be personally served at least four weeks prior to the return day of such alias writ. If the defendant cannot be served personally within this State, in such case the sheriff shall publish the said alias summons for one month in such newspapers of the county, one or more, as he may judge best for giving the defendant notice; provided, however, that personal service at any time prior to the return day of the writ shall be sufficient to give jurisdiction. The case may then proceed to trial with or without the defendant's appearance, subject to the provisions of the next succeeding section.

Approved March 12, 1941.