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
Indiana, in 1816, is the next portion of the Northwest Territory
to be admitted to the Union. Two years after the attainment of
statehood her legislature passed the first divorce statute,
granting jurisdiction to the circuit courts. By the enactment full
divorce in favor of either spouse when aggrieved is allowed for
(1) adultery; (2) matrimonial incapacity; (3) bigamous contract;
(4) two years' absence with intent to abandon; (5) desertion and
living in adultery; (6) conviction for felony; and (7) in favor of
the wife when the husband's treatment of her is extremely barbarous
and inhuman.[413] In 1824 an "omnibus" clause was introduced, a
full divorce being then allowed on petition of the injured person
(8) "in all cases where the court in its discretion" shall deem the
same "just and reasonable."[414] These grounds are all sanctioned by
the act of 1831.[415] Still another cause was admitted in 1836. The
circuit courts are empowered to grant the wife absolute divorce (9)
when the husband for two years has been a habitual drunkard, and has
failed for "any unreasonable length of time to make provision for
his family." By the same act, moreover, a marriage may be dissolved
"in all cases where the parties have been guilty of murder,
manslaughter, burglary, robbery, grand or petty larceny, forgery,
counterfeiting, arson, bribery, perjury, or any other crime" the
penalty for which on conviction is "imprisonment at hard labor
in the penitentiary."[416] But, apparently, this is meant to be a
restatement of the sixth cause above given.[417]
[413] Act of Jan. 26, 1818: _Laws of the State of Ind._ (1818),
226-29.
[414] _Rev. Laws_ (1824), 156, 157; same in _ibid._ (1831),
213-15.
[415] Act of Jan. 17, 1831: _Rev. Laws_ (1831), 213.
[416] _Laws of a Gen. Nature_ (1836), 69.
[417] Nevertheless, the act of 1836 provides for causes in
addition to those sanctioned by the act of 1831, which includes
conviction for felony as in 1818.
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