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
[468] Act of April 3, 1893: _Laws of Col._, 236, 237; also in
MILLS, _Ann. Stat._ (1897), III, 434. The sixth cause was added
in 1881. At the same time the term of habitual drunkenness was
reduced to one year, instead of two years, as by the law of
1861; while desertion and departure from the territory "without
intention of returning," until then a ground for divorce when
committed by the husband, was made a ground when committed by
either party: _Laws of Col._ (1881), 112; also in _Gen. Stat._
(1883), 397 ff. The first cause, in its present form, arose in
_Laws of Col._ (1885), 189, and it differs somewhat from the
original provision in _ibid._ (1861-62), 360.
Since the original statute of 1870, in Wyoming, a bigamous contract
or a marriage where the persons are related within the forbidden
degrees, or where either is insane or an idiot, is void without
judicial decree.[469] In that state separation from bed and board
has never been sanctioned. Under the existing law, as it has stood
since 1882, absolute divorce is allowed either person when aggrieved
for (1) adultery; (2) physical incompetence continuing from the
time of the marriage; (3) conviction of a felony and imprisonment
therefor in any prison, no subsequent pardon effecting a restitution
of conjugal rights; (4) wilful desertion for one year; (5) when
either husband or wife has become a habitual drunkard; (6) extreme
cruelty; (7) neglect of the husband for the period of one year to
provide the common necessaries of life, unless such neglect is
the result of poverty which he could not have avoided by ordinary
industry; (8) indignities rendering the condition of either spouse
intolerable; (9) conduct on the part of the husband constituting
him a vagrant within the meaning of the law; (10) when before
the marriage or its solemnization either person shall have been
convicted of a felony or infamous crime in any state, territory, or
count[r]y without knowledge of the fact by the other at the time of
the marriage; (11) when the intended wife at the time of contracting
the marriage or its solemnization is pregnant by any man other than
her intended husband, and without the latter's knowledge at the time
of the solemnization.
[469] Act in force Jan. 1, 1870: _Laws_ (1869), 274; VAN ORSDEL
AND CHATTERTON, _Rev. Stat._ (1899), 794.
Although there is no limited divorce in Wyoming, the law in certain
cases allows separate alimony to be granted to the wife without a
formal decree of separation.[470]
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