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
[464] See Ulrich _v._ Ulrich, 8 _Kan._, 402. _Cf._ Wesner _v._
O'Brien, 1 _Ct. App._, 416; and McPherson _v._ the State, 56
_Kan._, 140 ff.
Both kinds of separation are provided for by the Nebraska law of
1856; and a marriage is then declared to be completely dissolved
without decree in case of conviction and imprisonment for life. The
district court of the county where the married persons or one of
them resides is empowered to grant absolute divorce on complaint of
the aggrieved for (1) adultery; (2) physical incompetency at the
time of the marriage; (3) sentence to imprisonment for three years
or more, no pardon effecting a restoration of conjugal rights; (4)
two years' wilful abandonment without good cause; (5) habitual
drunkenness. The same tribunal may decree either a limited or a full
divorce for (1) extreme cruelty; or (2) two years' utter desertion
by either spouse; and (3) in favor of the wife, when the husband,
being of sufficient ability, shall grossly or wantonly and cruelly
refuse or neglect to provide for her.[465] No essential change
appears in the statutes until 1875, when imprisonment for life was
made a sixth ground of absolute divorce;[466] and so the law of
Nebraska remains at the present hour.[467]
[465] Act of Jan. 26: _Laws_ (1856), 154-59.
[466] Act of Feb. 19: _Laws_ (1875), 80. _Cf._ _Gen. Stat. of
Neb._ (1873), 344-51; and _Stat. of Neb._, in force Aug. 1,
1867, 128-35, where the causes approved in 1856 appear without
essential change.
[467] _Compiled Stat._ (1901), 577. The law regarding
jurisdiction is the same as in 1856.
Separation from bed and board has at no time been authorized by
the laws of Colorado. The district courts have jurisdiction. Full
divorce may now be granted in favor of the aggrieved on eight
grounds; and in this regard there have been few changes since
the first statute of 1861. The present causes are (1) impotence
continuing from the time of the marriage or originating thereafter
in consequence of immoral or criminal conduct; (2) bigamous
contract; (3) adultery; (4) one years' wilful desertion and absence
without reasonable cause (5) extreme or repeated acts of cruelty,
consisting as well in the infliction of mental suffering as of
bodily violence; (6) failure on the part of the husband, being in
good bodily health, to make reasonable provision for his family for
the space of one year; (7) habitual drunkenness of either spouse for
the same period; (8) conviction of felony.[468]
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