CHAPTER 230

DIVORCE PROVIDING FOR FINAL DECREE IN ANNULMENT CASES

AN ACT TO AMEND CHAPTER 86 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "DIVORCE," BY PROVIDING FOR A FINAL DECREE IN ANNULMENT CASES.

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, be and the same is hereby further amended by striking out and repealing all of 3518. Sec. 22 thereof and inserting in lieu thereof a new section to be styled 3518. Sec. 22. as follows:

3518. Sec. 22. Decree Nisi for Divorce; When; Costs; Taxing How and When; Attachment for Non-Payment:--If after the hearing of any cause, the court shall be of opinion that the plaintiff is entitled to a decree for divorce from the bonds of matrimony, a decree nisi shall be entered. The costs in every case, including the fee for the services of an attorney when assigned by the Court, shall be taxed by the Court at the time of granting the decree nisi or dismissing the petition and made payable as the Court shall adjudge; and the Court shall have power to enforce the payment of said costs by attachment process.

Section 2. That Chapter 86 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by inserting after 3519 Section 23 of Chapter 86 a new section to be known as 3519A. Sec. 23A. as follows:

3519A. Sec. 23A. Decree Absolute for Annulment; When; Costs; Taxing How and When; Attachment for Non-Payment:--If after the hearing of a cause the Court shall be of the opinion that the plaintiff is entitled to a decree annulling the marriage a final and absolute decree of annulment shall be entered. The costs in every case including the fee for the services of an attorney when assigned by the Court shall be taxed by the Court at the time of granting the final and absolute decree or dismissing the petition and made payable as the Court shall adjudge; and the Court shall have the power to enforce the payment of said costs by attachment process.

Approved April 8, 1947.