CHAPTER 206 – DIVORCE

AN ACT TO AMEND CHAPTER 86 OF THE REVISED CODE OF 1935 OF THE STATE OF DELAWARE, AS AMENDED BY CHAPTER 186 OF VOLUME 41 LAWS OF THE STATE OF DELAWARE, RELATING TO DIVORCE AND ESPECIALLY CAUSES FOR DIVORCE A VINCULO MATRIMONII.

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

Section 1. That Chapter 86 of the Revised Code of Delaware, 1935, as amended by Chapter 186, Volume 41, Laws of Delaware be in the same is hereby amended by striking out all of said chapter 186, Volume 41, Laws of Delaware by inserting in lieu thereof the following to be known as 3006. Section 3 (i).

3006. Section 3 (i). When either the husband or wife shall have been adjudged feeble-minded, epileptic, or a chronic or recurrent insane person, and shall have been under the supervision or care of an institution for mental diseases, during a period of five years; provided, however, that along with the requirements as to jurisdiction, residence, summons and service, herein provided, the petitioner shall further request the Judges of the Superior Court to appoint a commission of five persons to inquire into the respondent's mental and physical condition; one of the commission to be the State Psychiatrist, one, a licensed physician who has practiced medicine in the State of Delaware for at least five years, one, an attorney-at-law, who has practiced law in the State of Delaware for at least five years, and the other two, laymen of good character who have been residents in the State of Delaware for at least five years. If the report of the commission, so appointed, shall be that the person is a feeble-minded, epileptic, or a chronic or recurrent insane person, and has been under the supervision or care of an institution for mental diseases for a period of five years, or more, then the Judges of the Superior Court, may, in their discretion, grant a divorce a vinculo matrimonii, making, however, in their discretion, such an order upon the petitioner for the support, care and treatment of the said feeble-minded, epileptic, or chronic or recurrent insane person, as they may deem fitting and proper.

Approved May 15, 1941.