[298] Act of March 18: _Acts of the Assembly_ (1847-48), 165, 166.
The same rule as that of the parent state has existed in West Virginia since 1882, when a year's residence of one of the persons instead of mere residence at the time of the filing of the suit was introduced.[300] In Georgia twelve months in the state and six in the county for a divorce of either kind are required.[301] By the laws of Kentucky and Arkansas the term of previous residence for the plaintiff is also one year; and if the cause for divorce arose or existed without the state, he must have been a resident of the state at the time, unless it was also a ground of divorce where it existed or arose. In each of these states "an action for divorce must be brought within five years next after the doing of the act complained of."[302] In Alabama, when the defendant lives outside the state, the plaintiff must have been a _bona fide_ resident for one year before bringing the action; or for three years when abandonment is the cause alleged.[303] Since 1822 in Mississippi the term of residence in the state for the applicant has been one year;[304] although, in 1857, a divorce shall be denied when the parties have never lived together as husband and wife in the state; as also for a cause occurring elsewhere, unless prior to its occurrence they have so dwelt together in the commonwealth. This last restriction does not apply to a _bona fide_ citizen who marries abroad and does not discover the cause of divorce until after return to the state; but in case of desertion the term of _bona fide_ residence must be three years.[305] An important change was introduced in 1863. It is then sufficient to be a citizen of the state or a resident of it for one year; but the applicant must make affidavit that he has not taken up residence to obtain a divorce.[306] By the existing code the courts of chancery may exercise jurisdiction only (1) when both persons are domiciled in the state when suit is commenced; or (2) when the complainant is so domiciled and the defendant is personally served with process in the state; or (3) when one of the consorts is thus domiciled and one or the other of them an actual resident for one year before action began.[307]