In any case where a decree of divorce from bed and board has been granted, and the court shall determine that one year has elapsed since the event which gave rise to such divorce or, in any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, that six months has elapsed since such event, and the parties have been separated without interruption since such divorce was granted and no reconciliation is probable, it may merge such decree into a decree for divorce from the bond of matrimony upon application of either party. The injured party need not give the guilty party notice of his application to the court if such application is limited to such merger nor of the taking of depositions in support thereof, but shall give due notice if he raises new matters. If the guilty party initiates proceedings for such merger he shall give the other party ten days' notice thereof. No final decree for divorce entered in such a case shall terminate or otherwise affect any restraining order, or order for the payment of costs, counsel fees, support and maintenance for a spouse or child or children except as specifically provided in such decree. The provisions of this section shall apply to the divorces from bed and board, which have been heretofore granted.
Code 1919, § 5115; 1926, p. 859; 1934, p. 21; 1942, p. 158; 1946, p. 264; 1948, p. 539; 1950, p. 634; 1952, c. 100; 1960, c. 19; 1968, c. 326; 1975, c. 644; 1979, c. 1; 1987, c. 38; 1988, c. 404.
Notes of Decisions
Petachenko v. Petachenko, 350 S.E.2d 600 (Va. 1986).
· cites it 4× “We reversed, finding that the conduct of the parties precluded such merger under Code § 20-121, which requires that the parties remain “separated without interruption” from the time of entry of the decree of divorce from bed and board.”
Moore v. Moore, 240 S.E.2d 535 (Va. 1978).
· cites it 4× “We are not dealing here with the merger of a divorce from bed and board into a divorce from the bonds of matrimony under Code § 20-121, which authorizes unilateral action for the purpose of merger.”
Coe v. Coe, 303 S.E.2d 923 (Va. 1983).
· cites it 2× “The statutorily mandated waiting period in Code § 20-121 between the time separation occurs and the time a final decree of divorce can be granted is designed primarily to give the parties an opportunity to reconcile and to determine if they desire the separation to be final.”
Thomas v. Thomas, 222 S.E.2d 557 (Va. 1976).
· cites it 2× “See Code § 20-121. This decree, to which the wife raised no objection, became final twenty-one days after its entry, Rule 1:1, even if erroneously entered contrary to the provisions of Code § 20-109.”
Werner v. Commonwealth & Werner, 186 S.E.2d 76 (Va. 1972).
· cites it 2× “) Section 20-121 provides, on merger of a decree for divorce from bed and board into a decree for divorce from the bonds of matrimony, as follows: “.”
Wallace v. Wallace, 336 S.E.2d 27 (Va. Ct. App. 1985).
· cites it 2× “Answering in the affirmative, the Supreme Court commented as follows: The statutorily mandated waiting period in Code § 20-121 between the time separation occurs and the time a final decree of divorce can be granted is designed primarily to give *187 the parties an opportunity…”
Martin v. Martin, 120 S.E.2d 471 (Va. 1961).
“Virginia Code, § 20-121, 1960 Replacement Volume. On April 11, 1960, appellant filed notice of appeal from the a mensa decree of March 7, assigning the ground that the evidence was insufficient to justify the granting of a divorce to the appellee.”
Hunter v. Sullivan, 719 F. Supp. 462 (W.D. Va. 1989).
· cites it 3× “, Va.Code § 20-121 (1983). At the time of the administrative hearing, plaintiff testified that she believed that the decree of divorce from bed and board received in 1950 was sufficient to terminate her marriage to Mr.”
Anderson v. Anderson, 82 S.E.2d 562 (Va. 1954).
· cites it 6× “Anderson, in accordance with the provisions of Code, § 20-121, 1952 Cum. Supp., gave notice to his wife that he would make application to merge the bed and board decree into an absolute divorce.”
Green v. Green, 71 Va. Cir. 12 (Richmond County Cir. Ct. 2006).
· cites it 3× “Third, the statute on reinstatement, Va. Code § 20-121,1, puts no limitation on the court.”
Higgs v. Higgs, 12 Va. Cir. 509 (Warren Cir. Ct. 1983).
“Pace, a comparison of the merger statute, § 20-121, and the no-fault divorce statute indicates the legislature may have intended to require a higher standard of separation in the no-fault statute in adding the words "without cohabitation" in the no-fault statute.”
Grant v. Grant, 48 Va. Cir. 405 (Fairfax Cir. Ct. 1999).
· cites it 2× “…oral argument, does not consider the matter of jurisdiction and therefore provides no guidance to the Court. Virginia Code § 20-121.”
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