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
[425] _Laws of Ind._ (1903), 114, 115.
In 1818, closely following Indiana, Illinois was carved from the
bountiful region northwest of the Ohio River. After a year's
delay, a divorce law was enacted in 1819; and this, as amended in
1825, authorizes both kinds of separation. Full dissolution of
wedlock may be granted for (1) physical incapacity at the time of
solemnization; (2) adultery; (3) two years' voluntary and continued
absence. Partial divorce is likewise sanctioned for (1) extreme and
repeated cruelty in either spouse: or (2) constant and habitual
intemperance in either for two years. "But in the latter case it
shall be incumbent on the complaining party to show that he or she
had performed all the duties of a faithful and affectionate husband
or wife."[426]
[426] Act of Jan. 17, 1825, to amend an act of Feb. 22, 1819:
_Laws of Ill._ (1825), 169.
The act of 1827 is silent as to limited divorce, which has not since
been recognized in Illinois. Full divorce may now be granted by the
circuit courts, sitting as courts of equity, when either person (1)
was at the time of the marriage and still is naturally impotent;
(2) had a husband or wife living at the time of the marriage; (3)
has since been guilty of adultery; or (4) wilful desertion for
two years; or (5) extreme and repeated cruelty; or (6) habitual
drunkenness for two years.[427] A step backward was taken in 1832
through the adoption of a kind of omnibus clause. By proceedings
in chancery full dissolution of marriage is authorized (7) for all
causes of divorce not provided for by any law of the state.[428]
Next, after an interval of thirteen years, on the petition of
the aggrieved, comes (8) conviction for felony or other infamous
crime.[429] This is followed after the lapse of thirty years more
by the sanction (9) of absolute divorce when either person "has
attempted the life of the other by poison or other means showing
malice."[430]
[427] _Rev. Code_ (1827), 180, 181.
[428] Act of Dec. 4, 1832: _Rev. Laws_ (1833), 234, 235. In the
statutes this is not enumerated as a cause; but it surely is one
in effect.
[429] _Rev. Stat._ (1845), 196; also in PURPLE, _Comp._ (1856),
I, 493, 494; and in _Stat. of Ill._ (1864), 150, 152.
[430] Act of March 10, 1874: GROSS, _Stat. of Ill., 1818-74_ (3d
ed., 1872-74), III, 176.
The tale of causes allowed by the present law of Illinois is thus
complete. Separation from bed and board is not provided for by
statute. In general, chancery process is required. The circuit
courts of the respective counties and the superior court of
Cook county (Chicago) are clothed with jurisdiction in divorce
controversies.[431]
[431] HURD, _Rev. Stat._ (1898), 631-34. _Cf._ _Rev. Stat._
(1845), 196, 197; and STARR AND CURTIS, _Ann. Stat._ (1896), II,
1435-55.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account