A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
An important innovation appears in 1893. A new group of
discretionary causes is then created. The courts are empowered
to grant the wife a divorce, either from bed and board or from
the bond of wedlock, on four several grounds. Three of these are
identical with the third, fourth, and fifth causes of partial
divorce just enumerated. In addition, two years' "wilful and
malicious desertion" by the husband is admitted. These same four
causes are declared valid "where it shall be shown to the court by
any wife that she was formerly a citizen of this commonwealth, and
that having intermarried with a citizen of any other state or any
foreign country, she has been compelled to abandon the habitation
and domicile of her husband" in such place, thereby being "forced to
return to this commonwealth in which she had her former domicile."
In any such case, if personal service by subpœna cannot be made
upon the husband by reason of his non-residence, the court before
entering a decree shall require proof that, in addition to the
publication required by law, actual or constructive notice of the
proceedings has been given him, either "by personal service or by
registered letter to his last known place of residence, and that a
reasonable time has thereby been afforded to him to appear" and make
defense. The wife, however, is only entitled to the benefits of this
act when she has been a citizen and resident of the state for one
year previous to bringing suit.[399]
[399] Act of June 20: _Laws_ (1893), 471; PEPPER AND LEWIS,
_Digest_, I, 1638, 1639.
It must further be observed, in connection with the present laws of
Pennsylvania regarding absolute divorce, that the principle of the
colonial statute touching cases of long absence has unfortunately
been perpetuated. The snare is still set for the feet of the unwary.
"If any husband or wife, upon false rumor, in appearance well
founded, of the death of the other (when such other has been absent
for the space of two whole years), hath married ... again, he or
she shall not be liable to the pains of adultery;" but on return
the person remaining unmarried may elect either to have the former
spouse restored or to have the former contract dissolved, leaving
the second marriage undisturbed.[400]
[400] Act of 1815: _Laws of the Commonwealth_ (1822), VI, 288;
PEPPER AND LEWIS, _Digest_ (1896), I, 1634.
"While a well-founded belief in the death of her first husband
will relieve a woman marrying a second time from the pains of
adultery, it cannot validate her second marriage, if, in fact,
her first husband was living when it was solemnized."--Thomas
_v._ Thomas, 124 _Pa._, 646; s. c., 23 _W. N. C._, 410 (1889).
_Cf._ PEPPER AND LEWIS, _Digest_, I, 1634, ed. note.
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