§ 198. Interlocutory order; appeal; final decree of divorce (a) A final decree granting a divorce may not be entered until after the expiration of a period of six months from the date of the entry of an interlocutory order adjudging that a case for divorce has been proved. The interlocutory order shall expressly state that a divorce is not granted by it. An appeal may be taken from the order in the same manner and within the same time as an appeal from a final decree of the court in any other proceeding. (b) After the expiration of the period of six months provided by subsection (a) of this section, or, if an appeal is taken and the case is pending at the time of the expiration of the period, after the final disposition of the case if determined in favor of the plaintiff, the court, upon application filed within 30 days after the expiration of the period or the final disposition, by the person in whose favor the interlocutory order was entered, shall enter a final decree granting a divorce. If an application is not made, the court may, on its own motion, within three months after the expiration of the 30-day period, enter a final decree of divorce. An appeal may not be taken from the final decree. § 199. Effect of divorce generally The effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons. § 200. Legitimacy of children A divorce does not affect the legitimacy of the children of the marriage. § 201. Resumption of former name The court, upon granting to a woman a divorce from the bonds of matrimony, may allow her to resume her maiden name or the name of a former husband. § 202. Decrees and orders prior to September 21, 1922 All proceedings in the district court of the Canal Zone, wherein and whereby a decree of divorce was granted prior to September 21, 1922, upon personal service, or service by publication, and wherein other orders were made affecting the status of the parties or their children, are valid. Subchapter IV-Alimony, Support, Custody, and Property § 231. Custody and care of children pending action On the application of either party, the court may make such order concerning the custody and care of the minor children of the parties during the pendency of the action as it deems expedient and for the benefit of the children. § 232. Alimony pending action In cases of divorce the court may require the husband or wife to pay to the other spouse or pay into court for the latter's use during the pendency of the action such sums of money as may enable the latter to maintain or defend the action. Either spouse, when it is just and equitable, is entitled to alimony during the pendency of the action. On appeal by either spouse, the district court may grant and enforce the payment of such money for defense and such equitable alimony during the pendency of the appeal as it deems reasonable and proper. § 233. Maintenance where divorce is denied Though judgment of divorce is denied, the court may, in an action for divorce, provide for the maintenance by the husband, of the wife and children of the marriage, or any of them. § 234. Separate maintenance action (a) Without applying for a divorce, a husband or wife may maintain in the district court a separate maintenance action against the other spouse for permanent support and maintenance of the plaintiff or of the plaintiff and children, when: (1) the defendant willfully deserts, or fails to provide for the plaintiff; or (2) the plaintiff has a cause of action for divorce as provided by section 111, of this title. (b) During the pendency of the action, the court may require the husband or wife to pay as alimony any money necessary for the prosecution of the action and for support and maintenance, and have execution issue therefor. (c) In an action under this section, the court, in granting permanent support and maintenance of a spouse or of a spouse and children, shall make the same disposition of the community property as would have been made if the marriage had been dissolved by judicial decree. (d) The court may enforce its final judgment in an action under this section by such orders as from time to time it deems necessary, and may amend or revoke the orders at its discretion. § 235. Alimony and maintenance; care, custody and support of children The court, in rendering a decree of divorce may make such order touching the alimony and maintenance of the husband or wife, the care, custody, and support of the children, or any of them, as from the circumstances of the parties and the nature of the case, is reasonable and just. The court may order the giving of reasonable security for the alimony and maintenance, or may enforce the payment of the alimony and maintenance in any other manner consistent with the rules and practice of the court. On application, the court may, from time to time, make such alterations in the allowance of alimony and maintenance and the care, custody, and support of the children as appear reasonable and proper. In decreeing a divorce, the court may order the payment of alimony in a gross sum or in installments as may seem best. It may make the orders and enforce them by attachment and secure the payment of the alimony, but judgment for alimony may not be taken when the defendant is not personally served with summons or does not voluntarily appear. § 236. Order of resort to property In executing sections 232-235 of this title, the court shall resort: (1) to the community property; then (2) to the separate property of the party required to make the payments. § 237. Withholding allowance to prevailing party When the prevailing party has a separate estate, or is earning his or her own livelihood, or there is community property sufficient to give him or her alimony or a proper support, or the custody of the children has been awarded to the other party who is supporting them, the court may withhold any allowance to the prevailing party out of the separate property of the other party. Where there are no children, and either party has a separate estate sufficient for his or her proper support, an allowance may not be made from the separate estate of the other party. § 238. Subjection of property to support and education of children The court may subject the community property and the separate property to the support and education of the children in such proportions as it deems just. § 239. Disposition of community property on divorce (a) In case of the dissolution of the marriage by the decree of the district court, the community property shall be assigned to the respective parties in such proportions as the court, from all the facts of the case, and the condition of the parties, deems just. (b) The court, in rendering a decree of divorce, shall make such order for the disposition of the community property, as is provided in this chapter, and, whenever necessary for that purpose, may order a partition or sale of the property and a division or other disposition of the proceeds. § 240. Compelling conveyance of property belonging to other spouse If it appears to the court that either party holds the title to property equitably belonging to the other, the court, in rendering a decree of divorce may compel conveyance thereof to the party entitled to it, upon such terms as it deems equitable. Bec. CHAPTER 7-HUSBAND AND WIFE 271. Mutual obligations. 272. Husband as head of family. 273. Separate interests; dwelling. 274. Contracts. 275. Legal relations; separation agreement. 276. Separation agreement; consideration. 277. Methods of holding property. 278. Separate property generally. 279. Damages for personal injuries as separate property. 280. Community property; presumptions. 281. Inventory of separate property. 282. Filing inventory; effect. 283. Contracts by wife; liability of community property. 284. Wife's earnings; liability for husband's debts. 285. Wife's earnings when living separate. 286. Earnings of each party after separate maintenance judgment. 287. Husband's earnings after interlocutory divorce judgment. 288. Wife's pre-marital debts; liability of husband. 289. Wife's separate property; general liability. 290. Wife's separate property; liability for certain secured debts. 291. Married woman's torts. 292. Management of wife's earnings. 293. Management of community personal property. 294. Property rights of spouses; effect of marriage settlement. 295. Execution of marriage settlement. 296. Marriage settlements by minors. § 271. Mutual obligations Husband and wife contract towards each other obligations of mutual respect, fidelity, and support. § 272. Husband as head of family The husband is the head of the family. He may choose any reasonable place or mode of living, and the wife shall conform thereto. § 273. Separate interests; dwelling A husband or wife has no interest in the property of the other, but neither may be excluded from the other's dwelling, except that in actions or proceedings for divorce, annulment of marriage, or permanent support of wife or children, the court may make orders for temporary exclusion of either party from the family dwelling or from the dwelling of the other, until the final determination of the action. § 274. Contracts Either spouse may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by chapters 161 and 163 of Title 7 on trusts. § 275. Legal relations; separation agreement A husband and wife may not, by a contract with each other, alter their legal relations, except as to property, and except that they may agree, in writing, to an immediate separation, and may make provision for the support of either of them and of their children during the separation. § 276. Separation agreement; consideration The mutual consent of the parties is a sufficient consideration for a separation agreement pursuant to section 275 of this title. § 277. Methods of holding property A husband and wife may hold property by joint interests, by interests in common, or as community property. § 278. Separate property generally The following property, with the rents, issues and profits thereof, is the separate property of a spouse: (1) property owned by the spouse before marriage; and (2) property acquired by the spouse after marriage by gift, bequest, devise, or descent." The wife may convey her separate property without the consent of her husband. § 279. Damages for personal injuries as separate property All damages, special and general, awarded a married person in a civil action for personal injuries, are the separate property of that person. § 280. Community property; presumptions (a) Except as provided by sections 278 and 279 of this title, personal property, wherever situated, acquired after marriage by either husband or wife, or both, while residing in the Canal Zone, is community property; but whenever personal property, or an interest therein or encumbrance thereon, is acquired by a married woman by an instrument in writing, the presumption is that it is her separate property, and if acquired by her and another person, the presumption is that she takes the part acquired by her, as an interest in common, unless a different intention is expressed in the instrument; except that when personal property is acquired by husband and wife by an instrument in which they are described as husband and wife, unless a different intention is expressed in the instrument, the presumption is that the property is the community property of the husband and wife. (b) The presumptions provided for by subsection (a) of this section are conclusive in favor of a person dealing in good faith and for a valuable consideration with the married woman or her legal representatives or successors in interest, and regardless of a change in her marital status after acquisition of the property. § 281. Inventory of separate property A full and complete inventory of the separate personal property of either spouse may be made out and signed by the spouse, acknowledged or proved in the manner required by chapter 27 of Title 4, and recorded in the office of the registrar of property. § 282. Filing inventory; effect The filing of the inventory in the office of the registrar of property is notice and prima facie evidence of the title of the party filing the inventory. § 283. Contracts by wife; liability of community property The property of the community is not liable for the contracts of the wife, made after marriage, unless secured by mortgages thereof executed by the husband. § 284. Wife's earnings; liability for husband's debts The earnings of the wife are not liable for the debts of the husband. § 285. Wife's earnings when living separate The earnings and accumulations of the wife, while she is living separate from her husband, are her separate property. § 286. Earnings of each party after separate maintenance judgment After the rendition of a judgment or decree for separate maintenance the earnings or accumulations of each party are the separate property of the party acquiring them. § 287. Husband's earnings after interlocutory divorce judgment After the rendition of an interlocutory judgment of divorce and while the parties are living separate and apart, the earnings and accumulations of the husband are the separate property of the husband. § 288. Wife's pre-marital debts; liability of husband Neither the separate property of the husband nor his earnings after marriage are liable for the debts of the wife contracted before the marriage. § 289. Wife's separate property; general liability (a) The separate property of the wife is liable for her own debts contracted before or after marriage, but it is not liable for her husband's debts, except as provided by subsection (b) of this section. (b) The separate property of the wife is liable for the payment of debts contracted by the husband or wife for the necessities of life furnished to them or either of them while they are living together. This subsection does not apply to the separate property of the wife held by her at the time of marriage or acquired by her after marriage by devise, succession, or gift, other than by gift from the husband. § 290. Wife's separate property; liability for certain secured debts The separate property of the wife is not liable for a debt or obligation secured by mortgage, deed of trust, or other hypothecation of the community property, unless the wife expressly assents in writing to the liability of her separate property for the debt or obligation. § 291. Married woman's torts For civil injuries committed by a married woman, damages may be recovered from her alone, and her husband is not liable therefor, except in cases where he would be jointly liable with her if the marriage did not exist. |