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
Finally the long series of enactments defining the grounds of
absolute divorces came to a halt in 1873, when the law of Indiana in
this regard took its present form. The superior and circuit courts,
on petition of either spouse, are granted jurisdiction. Three very
important and beneficial amendments, producing a marked decrease in
the number of divorces annually granted, are now made. The term of
abandonment is increased from one year to two years; "failure of
the husband to make reasonable provision for his family" is changed
to such failure for a "period of two years;" and, most significant
of all, the omnibus clause, existing since 1824 and rephrased in
1838, providing that divorces may be granted "for any other cause"
which the court shall deem "reasonable and proper," is stricken
out.[423] As a result, the marriage tie may now be dissolved for
(1) adultery; (2) impotence existing at the time of the marriage;
(3) abandonment for two years; (4) cruel and inhuman treatment; (5)
habitual drunkenness; (6) failure of the husband to make reasonable
provision for his family for two years; (7) the conviction of either
person, in any country, subsequent to the marriage, of an infamous
crime. Until very recently limited divorce was not recognized in
Indiana; but a married woman might bring action for the support of
herself and infant children in the following cases, being analogous
to those sanctioned by the Ohio law: (1) when the husband shall have
deserted his wife, or wife and children, without leaving sufficient
provision for support; (2) when he shall have been convicted of
felony and imprisoned in the state prison, not leaving his wife, or
wife and children, the same provision; (3) when he is a habitual
drunkard and by reason thereof becomes incapacitated or neglects
to provide for his family; or (4) when he renounces the marriage
covenant, or refuses to live with his wife in the conjugal relation,
by joining himself to a sect or denomination the rules and doctrines
of which require such renunciation or forbid a man and woman to
dwell and cohabit together in the conjugal relation according to
the true intent and meaning of the institution of marriage.[424]
A statute of 1903 authorizes separation from bed and board "for a
limited time" in case of (1) adultery; (2) "desertion, or where the
wife is plaintiff, neglect or refusal to suitably provide for her,
covering a period of six months;" (3) habitual cruelty of one party,
"or such constant strifes of both parties as render their living
together intolerable;" (4) habitual drunkenness, "or the confirmed
and excessive use of morphine, cocaine, or any other drug;" (5)
gross and wanton neglect of conjugal duty for six months.[425]
[423] For construction of the omnibus clause, see Ritter _v._
Ritter, 5 BLACKF., 81.
[424] Act of March 10: _Laws of Ind._ (1873), 107-12; also
HORNER, _Rev. Stat._ (1896), I, secs. 1024-49; II, sec. 5132;
BURNS, _Ann. Stat._ (1901), I, 443, 444; III, 559.
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