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
Thus matters stood until 1855, when the worthy legislators managed
to put the law in a curiously awkward shape. It was then decreed
that "hereafter no divorce otherwise than from bed and board shall
be granted except" (1) where either spouse shall commit adultery;
(2) be convicted of felony; (3) was impotent at the time of the
marriage; or (4) wilfully deserts the other for the space of
three years. "In all other enumerated causes heretofore deemed
sufficient"--continues the statute--"no divorce otherwise than a
divorce from bed and board shall be granted."[454] This scheme was
short-lived. An act of 1858 revives the law as it stood in 1851,
except that the term of wilful desertion was extended to two years
and the omnibus clause was omitted, thus leaving seven grounds of
petition in force.[455]
[454] Act of Jan. 24, 1855: _Laws of Ia._ (1854-55), 112, 113.
[455] Act of March 15: _Laws of Ia._ (1858), 97, 98.
The present law of Iowa governing the causes of divorce took its
rise in the code of 1873. The district court in the county where
the plaintiff or defendant resides still has jurisdiction. Limited
divorce is not recognized, but "it appears that courts of equity
will grant alimony without divorce to a wife where she is separated
from her husband because of his misconduct, though no express
statutory provision is found authorizing such proceeding."[456] A
full divorce may be decreed against the husband (1) when he has
committed adultery subsequent to the marriage; (2) when he wilfully
deserts his wife and absents himself without reasonable cause for
the space of two years; (3) when after marriage he is convicted of
felony; or (4) becomes addicted to habitual drunkenness; or (5) when
he is guilty of such inhuman treatment as to endanger the life of
his wife; and against the wife, for the five causes just enumerated,
and also (6) when at the time of the marriage she was pregnant
by a man other than her husband, unless the husband then had an
illegitimate child or children living and the fact was unknown to
her.[457]
[456] WRIGHT, _Report_, 96. _Cf._ Graves _v._ Graves, 36 _Ia._,
310; Whitcomb _v._ Whitcomb, 46 _Ia._, 437.
[457] _Cf._ _Ann. Code of Ia._ (1897), 1135-47; and _Code of Ia._
(1873), 399-401; also _Laws of Ia._ (1870), 429 (jurisdiction).
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