[268] _Comp. Stat. of D. C._ (1894), 275, 276.
[269] MOORE, _Code of D. C._ (1902), 199, 200.
_c_) _Remarriage, residence, notice, and miscellaneous provisions._--Throughout the century, and especially during the first half, many of the southern states have been conservative, even severe, regarding the liberty of the person offending to remarry after full separation; but in very few cases is any restraint put upon the further marriage of the person in whose favor the decree is granted. The divorce acts passed by the assembly of Virginia sometimes expressly forbid the guilty person to contract further wedlock during the lifetime of the former spouse.[270] The law of 1848, when the marriage bond is dissolved on account of infidelity, authorizes the court in its discretion to allow both parties to remarry or only the injured person, as may seem just.[271] Such substantially is the present law. "In granting a divorce for adultery, the court may decree that the guilty party shall not marry again; in which case the bond of matrimony shall be deemed not to be dissolved as to any future marriage of such party, or in any prosecution on account thereof. But for good cause shown, so much of any decree as prohibits the guilty party from marrying again, may be revoked and annulled at any time after such decree, by the same court by which it was pronounced."[272] No restraint appears to be put upon the immediate remarriage of persons separated for other causes.
[270] See the cases already cited, _Acts_ (1826-27), 126.
[271] Act of March 18, 1848: _Acts of the Assembly_ (1847-48), 165, 166.
The early statutes and the decrees for full divorce in individual cases passed by the assembly of Maryland, by their silence on the subject, appear to contemplate the further marriage of the persons at pleasure. The law of 1872, however, is somewhat conservative. "In all cases where a divorce _a vinculo matrimonii_ is decreed for adultery or abandonment, the court may, in its discretion," forbid the guilty party to "contract marriage with any other person during the lifetime" of the injured spouse, the bond of marriage not being dissolved, but remaining in full force with respect to such offender.[273] This restriction is now omitted from the code.[274] In the District of Columbia the guilty person may not remarry except with the former spouse.[275]