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
of a married woman, separation from bed and board is authorized
(1) for cruel and inhuman treatment by the husband; (2) for such
conduct on his part as may render it unsafe and improper for her to
cohabit with him; or (3) for abandonment and refusal or neglect by
him to provide for her. The district court of the county where the
persons or one of them resides is now vested with jurisdiction in
all actions for divorce or for the annulment of marriage.[448]
[445] _Rev. Stat. of Minn._ (1851), 272-76.
[446] _Gen. Stat. of Minn._ (1866), 408-12. "The revisers
repeated this chapter under two titles, the second being entitled
'Limited Divorces,' but the legislature rejected Title II and did
not change or amend Title I."--_Ibid._, 408, note.
[447] Act of April 22, _Session Laws_ (1895), 158. _Cf._ _Gen.
Stat._ (1894), I, 1267, for the law modified in 1866.
[448] _Cf._ _Laws_ (1876), chap. 118; _Gen. Stat. of Minn._
(1894), I, 1273, 1267; _Session Laws_ (1895), 158.
One of the worst and most characteristic features of American
state legislation is seen in the session laws of Iowa, where
the statute-maker is perennially engaged in adopting, changing,
abrogating, or re-enacting plans of divorce and alimony. The first
step was taken in 1838, when the district court of the county where
the persons or one of them resides was given jurisdiction on the
petition of the aggrieved. The grounds of absolute divorce then
allowed are (1) impotence; and (2) adultery. Those of divorce _a
mensa_ or of divorce from the bond of wedlock, in the discretion of
the court, are (1) extreme cruelty; or (2) wilful desertion for one
year.[449] This law was repealed and a new one adopted in the next
year. Nothing is now said of separation from bed and board; but a
full divorce may be had by the injured spouse for (1) impotency;
(2) bigamous marriage; (3) adultery; (4) one year's desertion;
(5) felony; (6) habitual drunkenness; (7) cruel treatment; (8)
indignities.[450] Three years later this statute in turn gave place
to another by which the same causes are sanctioned, except, under
the sixth head, it is provided that "said habitual drunkenness
shall be contracted after marriage."[451] In 1846, however, this
proviso was dropped; and at the same time an "omnibus" clause was
sanctioned. A full divorce may now be granted (9) "when it shall
be made fully apparent to the satisfaction of the court, that the
parties cannot live in peace and happiness together, and that their
welfare requires a separation."[452] The eighth ground was dropped
in 1851, and at the same time it was again specified under the sixth
head that drunkenness shall have become habitual after marriage.[453]
[449] Act of Dec. 29, 1838: _Laws of Ia._ (1838-39), 179, 180.
[450] Act of Jan. 17, 1840: _Laws of Ia._ (1839-40), 120-22.
[451] Act of Jan. 20, 1843: _Rev. Stat. of Ia._ (1843), 237-41.
[452] Act of Jan. 17, 1846: _Laws of Ia._ (1845-46), 23.
[453] _Code of Ia._ (1851), 223.
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