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 divorce legislation of Kansas begins in 1855, the next year
after the territory was erected. The grounds on which the aggrieved
may secure a complete dissolution of the matrimonial bond are (1)
impotence continuing from the time of the marriage; (2) bigamous
marriage; (3) adultery; (4) wilful desertion and absence for two
years without reasonable cause; (5) conviction of felony or infamous
crime; (6) habitual drunkenness for two years; (7) cruel and
barbarous treatment endangering life; (8) intolerable indignities
offered to the person; (9) vagrancy of the husband.[458] In 1859
this law gave place to another, by which the fifth, eighth, and
ninth causes above enumerated were omitted; the term of wilful
absence, under the fourth head, was reduced to one year; and
habitual drunkenness became a cause, without specification of the
time during which it must have existed.[459] The very next year this
plan was in its turn superseded. A new act allowed separate alimony
without dissolution of marriage, and sanctioned eleven grounds
of total divorce. The first four of these are identical with the
corresponding numbers in 1855, as modified in 1859. In addition are
approved (5) pregnancy of the wife at the time of the marriage by
a man other than the husband; (6) extreme cruelty; (7) fraudulent
contract; (8) gross neglect of duty; (9) habitual drunkenness; (10)
sentence for crime and imprisonment therefor in a penitentiary,
provided complaint be filed during the term of confinement; (11)
when one person has secured a divorce in another state or territory,
leaving the obligation binding on the other.[460]
[458] _Stat. of Kan._ (1855), 310, 311.
[459] Act of Feb. 7: _Gen. Laws of Kan._ (1859), 385.
[460] Act of Feb. 27: _Gen. Laws of Kan._ (1860), 105-10. An Act
of June 4, 1861, provides that a person presenting a copy of an
act of the Territory of Kansas by which he has been divorced
"shall be entitled to a decree of divorce without issuing summons
thereon."--_Gen. Laws_ (1861), 146.
The eleventh cause just specified was dropped in 1868. The remaining
ten were then re-enacted;[461] and these grounds, without addition
or essential change, constitute the law of Kansas at the present
time. In this state there is no separation from bed and board.
But "the wife may obtain alimony alone from the husband without
a divorce ... for any of the causes for which a divorce may be
granted."[462] By the constitution, jurisdiction in all divorce
actions is vested in the district courts;[463] and the supreme court
has authority when suits are brought up on error.[464]
[461] "Code of Civil Procedure," approved Feb. 25, 1868, Art.
XXVIII: in PRICE, RIGGS, AND MCCAHON, _Gen. Stat. of Kan._,
757-59. The law of 1868 reappears in DASSLER, _Laws of Kan._
(1876), II, 761-63; _ibid._ (1879), 690-92.
[462] _Laws of Kan._ (1897), II, 273-77; DASSLER, _Gen. Stat._
(1901), 1055.
[463] Art. II, sec. 18, Const. of 1859.
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