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
[470] Act of March 8: _Laws_ (1882), 73-81; _Rev. Stat._ (1887),
sec. 1571, pp. 419-24; also VAN ORSDEL AND CHATTERTON, _Rev.
Stat._ (1899), 794-800. The first six of the causes above
enumerated were introduced by the act which came into force
Jan. 1, 1870: _Laws_ (1869), 274-81; but then under the third
head, conviction and imprisonment for three years or more were
necessary to constitute a ground; and by the sixth cause it was
required that one of the parties should be "repeatedly guilty of
such unhuman treatment as shall endanger the life of the other."
The remaining five causes first appeared in 1882.
The legislation of Utah begins in 1852 with an act so faulty that
its consequences have become notorious in the divorce annals of
the United States. A vicious residence clause, coupled with a
loose requirement regarding notice and an "omnibus" provision
among the enumerated grounds of complaint, became in effect a
standing temptation to clandestine divorce seekers from outside the
territory. It is formally declared that the court of probate of the
county of the plaintiff shall have jurisdiction in all petitions,
and these are to be made in writing upon oath or affirmation
setting forth the grounds of action. "If the court is satisfied,"
continues the statute, "that the person so applying is a resident
of the Territory, or wishes to become one; and that the application
is made in sincerity and of" the plaintiff's "own free will and
choice, and for the purpose set forth in the petition; then the
court may decree a divorce from the bonds of matrimony" against the
defendant "for any of the following causes, to wit": (1) impotence
at the time of the marriage; (2) adultery; (3) wilful desertion
or absence without reasonable cause for more than one year; (4)
habitual drunkenness subsequent to the marriage; (5) inhuman
treatment endangering life; (6) "when it shall be made to appear
to the satisfaction and conviction of the court, that the parties
cannot live in peace and union together, and that their welfare
requires a separation." Nevertheless, the courts are encouraged
to adopt a cautious and conservative policy. They are allowed to
defer "their decree of divorce, when the same is applied for, to
any specified time, not exceeding one year, when it appears" that a
compromise may be made; and "during the time of such deference ... ,
the bonds and engagements of matrimony may not be violated by the
parties." Furthermore, the court is empowered to punish by fine or
imprisonment or both any person "who shall stir up unwarrantable
litigation between husband and wife, or seek to bring about a
separation between them."
Public-domain text, read in full here on John Shaqi.
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