Grounds for divorce, legal separation and annulment

§ 16–904. Grounds for divorce, legal separation and annulment (a) A divorce from the bond of marriage or a legal separation from bed and board may be granted for: (1) adultery; (2) desertion for two years; (3) voluntary separation from bed and board for five consecutive years without cohabitation; or (4) final conviction of a felony involving moral turpitude and sentence for not less than two years to a penal institution that is served in whole or part. A legal separation from bed and board may also be granted for cruelty; and where a final decree of divorce from bed and board is or has been granted and the separation of the parties continues or has continued for two years after or since date of decree, the decree may be enlarged into a decree of absolute divorce from the bond of marriage upon application of the innocent spouse. (b) Marriage contracts may be declared void where: (1) the marriage was contracted while either of the parties thereto had a former wife or husband living, unless the former marriage had been lawfully dissolved; 77 Stat. 561 (2) the marriage was contracted during the lunacy of either party, unless there has been voluntary cohabitation after the lunacy, or was procured by fraud or coercion; (3) either party was matrimonially incapacitated at the time of marriage and the incapacity has continued; or (4) either party had not arrived at the age of legal consent to the contract of marriage, unless there has been voluntary cohabitation after coming to legal age, but only on the action of the party not capable of consenting.