(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 in the Superior Court upon a form to be furnished by the clerk. The marriage relationship shall be considered as terminated ten days after the notice is filed.
(2) Proof of service of the notice of intent to file Notice of Termination may be established by receipt signed by the other party, by affidavit reciting personal service or by personal service by the Virgin Islands marshal and probation officer of the Superior Court or his deputy.
(3) A copy of the Notice of Termination shall be mailed without delay to the other party at his or her last known address by the clerk.
(b)
(1) After one year of the marriage the relationship may be terminated only by separation and mutual agreement of the parties. Upon such agreement the parties shall file a Notice of Termination and Dissolution, executed by each party in the presence of the clerk or his deputy, in the Superior Court. The marriage relationship shall be dissolved upon the filing of this notice.
(2) Absent an agreement of the parties, after one year of marriage, a vesper marriage can be dissolved only by an action filed in and determined by a court of competent jurisdiction to hear and determine marital disputes and grant decrees of divorce. In such action no award of support or alimony shall be granted unless it shall be made to appear that one of the parties has been rendered dependent by reason of the marriage and that the other party is financially able to contribute to the other's support. Upon such showing the court may award an amount sufficient to maintain the dependent party within the means of the other. Such an award shall not become a charge against or upon the contributor's estate.
(c) A fee of $50.00 shall be collected by the clerk for filing a Notice of Termination or a Notice of Termination and Dissolution.