Title 16, Domestic Relations
11 chapters · 247 sections in this title.
16 V.I.C. § 1 Void marriages
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(a) A marriage is prohibited and void from the beginning, without being so decreed and its nullity may be shown in any collateral proceeding, when it is between—(1) a man and his grandmother, grandfather's wife, wife's grandmother, father's sister, mother's sister, mother, stepmo…
16 V.I.C. § 2 Voidable marriages
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A marriage is illegal and shall be void from the time its nullity is declared by decree, if either party thereto— (1) is an idiot or a person adjudged a lunatic; (2) has consented thereto by reason of fraud or force; (3) is incapable, from physical causes, of entering into the ma…
16 V.I.C. § 3 Institution of proceeding to declare marriage null
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(a) A proceeding to declare the nullity of a marriage may be instituted in the case of—(1) an infant under the age of consent by such infant, through a next friend, or by the parents or guardian of such infant; or(2) an idiot or lunatic by next friend. (1) an infant under the age…
16 V.I.C. § 31 Nature of marriage
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Marriage is hereby declared to be a civil contract which may be entered into between a male and a female in accordance with law.
16 V.I.C. § 32 Persons solemnizing marriage
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(1) No marriage shall be valid unless solemnized by—(1) a clergyman or minister of any religion whether he resides in the Virgin Islands or elsewhere in the United States; or(2) witnessed by a Local Spiritual Assembly of the Bahai is according to the usage of their religious comm…
16 V.I.C. § 33 Solemnization of marriage by unauthorized person; penalty
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Whoever, not being a person authorized by section 32 of this title, solemnizes the rites of marriage in the Virgin Islands, shall be fined not more than $500.
16 V.I.C. § 34 Solemnizing marriage without a license; penalty
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Whoever, being authorized by section 32 of this title to solemnize marriages, solemnizes a marriage without first having had delivered to him a license addressed to him, issued by the clerk of the Superior Court and authorizing the marriage, shall be fined not more than $500.
16 V.I.C. § 35 Examination of applicants for marriage license
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(a) The clerk of the Superior Court, before issuing any license to solemnize a marriage, shall examine the applicants therefor under oath, and ascertain with respect to each such applicant—(1) the full name, and age at last birthday;(2) date and place of birth;(3) nationality, an…
16 V.I.C. § 36 Issuance of marriage license to minors prohibited
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If upon the examination prescribed by § 35 of this chapter, it appears that the applicant is under 18 years of age, the court shall not, under any circumstances issue a marriage license.
16 V.I.C. § 37 Posting of application
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(a) Before any marriage license is issued, the application for such license shall be posted for public examination in the office of the clerk of the court for 8 days. (b) In special cases, however, the court may issue a license without the posting required by subsection (a) of th…
16 V.I.C. § 38 Issuance of marriage license; form
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(a) If it appears from the examination required by section 35 of this title that the parties are legally competent to marry, and if the provisions of sections 36 and 37 of this title, should they be applicable, have been complied with, the Superior Court shall issue a license add…
16 V.I.C. § 39 Fees
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The following fees shall be charged: (a) Marriage license including notarization of application$100.00(b) Marriage by judge$400.00(c) Marriage license application$100.00(d) Such fees shall be paid over to the Treasury of the Virgin Islands.
16 V.I.C. § 4 Entering into prohibited marriages outside the Virgin Islands
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If any marriage declared illegal by sections 1 and 2 of this title is entered into in another jurisdiction by persons having and retaining their domicile in the Virgin Islands, such marriage shall be deemed illegal, and may be decreed void in the same manner as if it had been cel…
16 V.I.C. § 40 Failure to make return of marriage
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Whoever, having solemnized the rites of marriage under authority of a license issued pursuant to section 38 of this title, fails to make return as therein required, shall be fined not more than $50.
16 V.I.C. § 41 Records to be maintained by Superior Court
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(a) Each Superior Court shall provide a record book consisting of applications and licenses in blank, to be filled up with information on the parties for whose marriages any licenses are issued. The applications and licenses shall be numbered consecutively from “1” upwards. (b) T…
16 V.I.C. § 62 Interest in property of spouse
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When property is owned by either husband or wife, the other has no such interest as will make the same liable for the contract or liabilities of either the husband or wife who is not the owner of property, except as otherwise provided in this chapter.
16 V.I.C. § 63 Interspousal immunity abolished
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The common law doctrine of interspousal immunity is hereby declared to be abolished and either spouse may sue and be sued, not only free from the other spouse's participation and control, but they also may sue one another for injuries to person or property to the same extent and …
16 V.I.C. § 64 Conveyances, transfers and liens between spouses
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A conveyance, transfer or lien executed by either husband or wife to or in favor of the other, shall be valid to the same extent as between other persons.
16 V.I.C. § 65 Appointing spouse as attorney
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A husband or wife may constitute the other his or her attorney in fact, to control or dispose of his or her property and may revoke the same to the same extent and manner as other persons.
16 V.I.C. § 66 Liability of spouse for debts of the other
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Neither spouse is liable for the debts or liabilities of the other incurred before marriage, and, except as otherwise provided in this chapter, they are not liable for the separate debts of each other nor is the rent or income of property of either liable for the separate debts o…
16 V.I.C. § 67 Separate estates
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The husband and wife shall have the right to manage and dispose of their respective estates, except as otherwise provided in this chapter.
16 V.I.C. § 68 Separate property of wife
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The property and pecuniary rights of every married woman at the time of her marriage or afterwards acquired by gift, devise, or inheritance shall not be subject to the debts or contracts of her husband, and she may manage, sell, convey or devise the same by will to the same exten…
16 V.I.C. § 69 Property acquired by labor of wife
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The property, either real or personal, acquired by any married woman during coverture by her own labor shall not be liable for the debts, contracts, or liabilities of her husband, but shall in all respects be subject to the same exemptions and liabilities as property owned at the…
16 V.I.C. § 70 Liability for civil injuries committed by married woman
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For all civil injuries committed by a married woman damages may be recovered from her alone, and her husband shall not be responsible therefor, except in case where he would be jointly responsible with her if the marriage did not exist.
16 V.I.C. § 71 Contracts and liabilities of wife
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Contracts may be made by a wife, and liabilities incurred, and the same enforced by or against her to the same extent and in the same manner as if she were unmarried.
16 V.I.C. § 81 Definition
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A vesper marriage is a civil contract by and between two competent persons of opposite sex, each of whom shall have attained the age of sixty years, by which the parties agree to live together in the relationship of husband and wife without acquiring any interest in or claim upon…
16 V.I.C. § 82 Application for and issuance of license
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(a) Upon a form to be provided by the clerk, the parties may apply to the Superior Court for a license to contract a vesper marriage. The application form shall contain the following statements:(1) That each of the parties has attained the age of sixty years;(2) That each of the …
16 V.I.C. § 83 Qualification of officer performing ceremony and issuance of certificate; fee; time limitation
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(a) The clerk, his deputy, any ordained minister of an established church or any officer authorized by law of the Virgin Islands to administer oaths and take acknowledgments is qualified to perform a Vesper Marriage Ceremony. (b) Upon the performance of a vesper marriage the offi…
16 V.I.C. § 84 Rights and privileges; obligations; taxation and pension exception
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(a) Couples joined in vesper marriage are entitled to and shall enjoy all of the rights and privileges afforded married couples generally, except as otherwise provided herein and as pertains to taxation and the receipt of pension benefits. (b) Each party to a vesper marriage shal…
16 V.I.C. § 85 Termination and dissolution
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(a) (1) At any time during the first year of the marriage either party may terminate the marriage relationship by ceasing to live with the other party, notifying the other party in writing of his or her intent to file a Notice of Termination and by filing a Notice of Termination …
16 V.I.C. § 86 Property held by the entirety; testamentary disposition to spouse
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Nothing contained in this subchapter shall be construed as prohibiting the acquisition, by the parties to a vesper marriage, of property by the entirety nor shall it be construed as preventing or limiting the right of either spouse to dispose of his or her estate by testamentary …
16 V.I.C. § 90 Declaration of purpose
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(a) The general purposes of this chapter are to:(1) Assure victims of domestic violence the maximum protection from abuse that the law can provide;(2) Create a flexible and speedy remedy to discourage violence and harassment against family members or others with whom the perpetra…
16 V.I.C. § 91 Definitions
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(a) As used in this chapter, unless the context clearly indicates otherwise:(a) “Cohabitants” means emancipated minors or persons 18 years of age or older of the opposite sex who have resided together or who currently are residing in the same living quarters or persons who togeth…
16 V.I.C. § 91a Duties of police officers
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(a) The Virgin Islands Police Department, or other law enforcement agencies, upon request to the Department or other enforcement agency, shall respond to every request for assistance or protection, from or on behalf of a victim of alleged domestic violence, whether or not an orde…
16 V.I.C. § 92 Statement of rights
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(a) In giving notice to a victim of the victim's rights as provided in section 91a, subsection (c), paragraph (8) of this chapter, the officer shall read the following statement aloud and provide the victim with a card bearing the same information written in both English and Span…
16 V.I.C. § 93 Domestic Violence Report
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(a) It shall be the duty of a police officer, or other peace officer, who responds to a domestic violence call to complete a Domestic Violence Report, which shall be made part of and attached to the Report of Crime Against Person or Property, and to forward a copy of the entire r…
16 V.I.C. § 94 Arrest powers
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(a) A police officer, or other peace officer, shall make an arrest without a warrant if the officer has probable cause to believe that a misdemeanor or felony involving domestic violence, as defined by section 91 of this chapter, has been committed by the suspect in violation of …
16 V.I.C. § 95 Limitations on liability
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Law enforcement agencies and peace officers shall not be liable for personal injury or property damage which occurs in the course of any good-faith effort to protect a victim of domestic violence, including, but not limited to, action taken during the course of an arrest, an atte…
16 V.I.C. § 96 Complaints
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(a) A victim may file a complaint alleging the commission of an act of domestic violence with the Family Division of the Superior Court. The complaint may be filed in any judicial division where:(1) the plaintiff resides;(2) the defendant resides;(3) the alleged abuse occurred; o…
16 V.I.C. § 97 Hearing; relief
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(a) A hearing shall be scheduled in court within 10 days of filing a complaint, provided that the defendant has received notice of the Court proceedings. At the hearing the standard for proving the allegations in the complaint shall be by a preponderance of the evidence. (b) At t…
16 V.I.C. § 98 Emergency relief
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(a) In addition to the relief sought in section 97 of this chapter, a plaintiff may seek emergency ex parte relief in the nature of a Temporary Restraining Order. Whenever emergency relief is sought by the plaintiff, the Clerk of the Court, or other person designated by the Court…
16 V.I.C. § 99 Criminal proceedings
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(a) Duties of the Court in criminal actions for domestic violence:(a) A person arrested for a crime that constitutes domestic violence must appear before a judge for bail determination. In addition to the other standard factors, a judge shall determine whether to grant bail or to…
16 V.I.C. § 99a Deferred sentence and counseling
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(a) The Court shall maintain a record of those charged with a domestic violence offense in the Virgin Islands to enable the Court to determine the eligibility of an accused for a domestic violence counseling program. (b) When a defendant elects to plead guilty to a misdemeanor wi…
16 V.I.C. § 99b Training of police officers
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(a) The Commissioner of the Virgin Islands Police Department shall establish and maintain an education and training program for police officers designed to acquaint them with:(1) the nature, extent, and causes of domestic violence;(2) the legal rights of and remedies available to…
16 V.I.C. § 99c Time off from work for employee who is victim of domestic violence; penalties for violations
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(a) An employer may not discharge, suspend or in any manner discriminate or retaliate against an employee, including, an employee who is a victim of a crime or a witness to a crime, including domestic violence for taking time off to appear in court to comply with a subpoena or ot…
16 V.I.C. § 99d Domestic Violence Revolving Fund
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(a) There is established as a separate and distinct fund within the Treasury of the Virgin Islands “the Domestic Violence Revolving Fund”. The Commissioner of Finance shall provide for the administration of the Fund, and no monies are available for expenditure except as provided …
16 V.I.C. § 101 Action for separation or dissolution of marriage
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A husband and wife may maintain an action against the other for a legal separation or the dissolution of the marriage contract, or to have the same declared void, as provided in this chapter.
16 V.I.C. § 102 Annulment of marriage
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(a) A marriage may be declared void from the beginning at the action of either party, for any of the causes specified in section 1 of this title and whether so declared or not shall be deemed and held to be void in any action or proceeding whatever in which the same may come in q…
16 V.I.C. § 103 Proceeding to declare marriage valid
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When either husband or wife claims or pretends that the marriage is void or voidable, as provided in sections 1 and 2 of this title, the same may be declared valid and lawful at the action of the other, and in such action the court may, if the pleadings and proof authorize it, de…
16 V.I.C. § 104 Legal separation or dissolution; evidence
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A decree granting a legal separation or dissolving a marriage may be entered when the court is satisfied from the evidence presented that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there r…