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
Only two years elapsed before a new general statute was adopted,
authorizing full divorce on eight grounds. Six of these correspond
to the first, second, sixth, seventh, eighth, and ninth causes
already sanctioned. Bigamous marriage and desertion with adultery
no longer appear as causes; while the fourth ground, as above
enumerated, is so modified as to require a separate statement for
the husband and wife respectively. The husband (7) is allowed a full
divorce for two years' absence of the wife with intent to abandon;
and the wife is granted the same relief (8) for like absence of the
husband, "and also for any other cause or causes"--a most singular
legislative freak.[418] In 1843 this vicious clause was dropped.
Abandonment for two years is now made a cause of divorce in favor of
either person, thus reducing the number of legal grounds to seven.
At the same time, in modification of a cause already existing,
the wife is allowed a petition on account of "cruel and inhuman
treatment" by the husband, "or when his conduct towards her has
been such as may render it unsafe and improper for her to live with
him." The other five causes sanctioned by the statute of 1838 are
re-enacted without change.[419] A relaxation of the law takes place
in 1849. One year's abandonment is declared sufficient to constitute
a cause; but in such case the court is especially empowered, in its
discretion, to grant a divorce, waiving all objections in regard to
time of separation, if it deems a reconciliation "hopeless."[420]
[418] _Rev. Stat._ (1838), 242-44. The sixth ground, as
enumerated in the text, the first of this act, is "any crime"
committed in the United States or the territories, the punishment
for which is deemed "infamous."
[419] _Rev. Stat._ (1843), 598 ff.
[420] Act of June 1: _Gen. Laws_ (1849), 62, 63.
A pause of three years next ensues before the lawmaker resumes
his tinkering with the causes of divorce. The act of 1852 admits
the seven general grounds, as these had existed since the change
in 1849; but with two important modifications. For now "habitual
drunkenness," without reference to the term during which it has
existed, and cruel treatment, each on the part of either husband or
wife, are constituted reasons for dissolving the marriage bond. By
the same law a divorce for adultery is denied when there has been
(1) connivance; (2) voluntary cohabitation after knowledge of the
offense; (3) neglect to petition within two years; or (4) when the
petitioner is guilty of the same crime.[421] Seven years later the
time of abandonment, to constitute a cause, was reduced to one year,
the court being thus deprived of its discretionary power to grant a
divorce for desertion during a shorter period.[422]
[421] _Rev. Stat._ (1852), II, 233-38.
[422] _Laws of Ind._ (1859), 108.
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