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
The history of partial divorce in Wisconsin is soon told. The
provisions of the act of 1849 are still in force. The causes of
separation from bed and board, forever or for a limited time,
there recognized are (1) the fourth, fifth, and sixth grounds
of full divorce above specified; (2) extreme cruelty of either
spouse; (3) on complaint of the wife when the husband, being of
sufficient ability, shall refuse or neglect to provide for her; or
(4) when his conduct toward her is such as may render it unsafe
and improper for her to live with him. It is expressly declared
that a divorce from the bond of matrimony may be decreed for either
of the three causes last named, "whenever, in the opinion of the
court, the circumstances of the case are such that it will be
discreet and proper to do so." From the somewhat awkward arrangement
of its provisions, therefore, the general effect of this statute
appears to be that a full divorce _may_ be granted for any ground
recognized by it, provided the court deems it prudent to exercise
its discretionary authority. Furthermore, it must be noted that by
the existing law, just as in 1849, the circuit court is empowered to
allow separate maintenance when a partial divorce is denied.[444]
[444] _Cf._ _Rev. Stat._ (1849), 393-98; _ibid._ (1858), 623-28;
_ibid._ (1872), II, 1269-76; _Ann. Stat._ (1889), I, 1362-75; and
SANBORN AND BERRYMAN, _Wis. Stat._ (1899), I, 1702-20.
We may next pass to the long list of new states in the West and
Northwest whose generous boundaries spread over the Mississippi
valley, the vast regions of the Rocky Mountains, and the Pacific
slope. The course of legislation in Minnesota has run closely
parallel to that of Wisconsin, though it is divergent in some
important details. In 1851, seven years before the admission of
that state to the Union, a statute logically declared bigamous
marriages and those within the forbidden degrees, if solemnized in
the territory, void without a decree. At the same time, as causes
of absolute divorce in favor of the aggrieved were sanctioned
(1) adultery; (2) impotency; (3) sentence to imprisonment in the
penitentiary after the marriage, no subsequent pardon effecting a
restoration of conjugal rights; (4) wilful desertion for one year
next preceding the commencement of the suit; (5) cruel and inhuman
treatment, whether practiced by using personal violence or by any
other means; (6) habitual drunkenness for one year immediately
preceding the filing of the complaint. By this act no provision is
made for partial divorce.[445] The term of wilful desertion was
increased from one year to three years in 1866;[446] but in 1895 the
shorter period was restored, so that under the existing law the six
grounds of absolute divorce as sanctioned in 1851 are recognized,
except that "cruel and inhuman treatment" is constituted a cause,
the original explanatory clause being omitted.[447] On the other
hand, limited divorce is now provided for. Since 1876, on complaint
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