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
This statute was doubtless made in good faith. For, although it
remained in force without change for a quarter of a century, it does
not appear that the Latter Day Saints showed any strong tendency
to take advantage of its glaring defects. But it is not surprising
that evil should come of it. The petitioner in a divorce suit
need not be a "_bona fide_ resident of the territory. The formal
expression of an intention to become a resident was all that was
required. The plea of a citizen of any part of the United States
that he intended to become a citizen of Utah was entertained equally
with that of a regularly domiciled resident."[471] Besides, under
the "blanket" provision anything might be alleged in the petition
as a ground for action. The natural result was that certain sharp
lawyers in eastern cities seized the opportunity to promote
clandestine divorce on a large scale. Through their skilful plans
and the connivance of local judges, the courts of several counties
were converted into veritable "divorce bureaus," so that between
1875 and 1877 there was a surprising increase in the annual crop
of divorce decrees. Accordingly, in 1878 the assembly passed a
statute which effectually put an end to this anomalous state of
affairs. One year's _bona fide_ residence was now required; a
decree was forbidden in case of default of the defendant except on
legal testimony; better provisions for notice were made; and the
"omnibus" clause was abandoned. By this act, separation from bed
and board is not provided for; but an absolute divorce, in favor
of the aggrieved, may be granted for (1) impotence at the time of
marriage; (2) adultery; (3) wilful desertion for more than one year;
(4) wilful neglect of the husband to provide for the wife the common
necessaries of life; (5) habitual drunkenness; (6) conviction of
felony; (7) cruel treatment, to the extent of causing great bodily
injury or great mental distress.[472] To these grounds in 1903 was
added (8) permanent insanity, when the defendant has been duly
declared insane five years before.[473] Furthermore, by an act of
1896 separate maintenance without a decree of divorce is allowed the
wife for desertion by the husband or when, without her fault, she is
living separate from him.[474]
[471] WRIGHT, _Report_, 203-6, 156.
[472] Act of Feb. 2: _Laws_ (1878), 1, 2; also _Rev. Stat. of
Utah_ (1898), 333, 334.
[473] _Laws of Utah_ (1903), 39, 40.
[474] _Laws_ (1896), 111.
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