CHAPTER 331

FORMERLY

HOUSE BILL NO. 605

AN ACT TO AMEND CHAPTER 15, TITLE 13 OF THE DELAWARE CODE RELATING TO DIVORCE AND ANNULMENT, TO PROVIDE A NEW DEFINITION OF "VOLUNTARY SEPARATION".

Be it enacted by the General AsseMbly of the State of Delaware:

Section 1. Amend §1503, Chapter 15, Title 13 of the Delaware Code by striking therefrom the definition of "voluntary separation" and substituting therefor a new definition of that term as follows:

" 'Voluntary separation' means separation by mutual consent or acquiescence; but if respondent denies that the separation was 'voluntary' then 'mutual consent or must be established either by written agreement of the parties or by participation by respondent in judicial proceedings premised upon respondent's consent to or acquiescence in the separation."

Section 2. This Act shall become effective on the day after it is enacted into law. Actions commenced prior to the effective date of this Act shall be governed by the provisions of Chapter 15, Title 13, operative prior to such effective date and those provisions shall remain in effect as to those actions as if this Act were not in effect.

Approved March 29, 1976