If she is the innocent party she may, upon making a declaration before competent authority, resume her maiden name. If she is the guilty party, her husband, by making a declaration before competent authority, may prohibit her calling herself by his surname. After she has thus lost the surname of her husband she, by operation of law, resumes her maiden name.
Maintenance.—A husband declared by a decree of divorce or judicial separation to be the guilty party shall provide maintenance to his divorced wife suitable to her station in life, in so far as she is unable to obtain such maintenance out of her earnings and income.
A wife declared by decree to be the guilty party shall provide maintenance to her divorced husband suitable to his station in life, in so far as he is not able to so maintain himself.
The maintenance above referred to shall be provided by a money annuity payable quarterly and in advance.
In some cases the person bound to provide such maintenance is required to furnish a bond or security for the performance of the duty.
For sufficient reason the person entitled to the payment of such a money annuity may demand a complete settlement in a lump sum.
The duty to provide maintenance is extinguished on the remarriage of the party entitled to it or on the death of the party bound to make such provision.
If a marriage has been dissolved on account of the insanity of one of the parties the same spouse shall provide maintenance to the unfortunate respondent.
If the husband is bound to provide maintenance to a child of the marriage the wife is also bound to reasonably contribute toward such maintenance out of her income or earnings.
Judicial Separation.—The same causes which are sufficient for a divorce will entitle the petitioner to a judicial separation if that form of relief is preferred. If such a judicial separation has been granted either spouse may apply for a divorce by virtue of the decree for separation, unless the conjugal community has been re-established after the issue of such decree.