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
By an act of 1853 the legislature of Oregon Territory allows divorce
petitions presented under oath to be determined by the district
court of the county in which the cause occurs, or in which the
defendant resides or is found, or in which the plaintiff resides,
if in this last case it be either the county in which the parties
last cohabited or that in which the plaintiff has resided for six
months next preceding the action. Absolute divorce in favor of the
aggrieved is permitted on ten grounds. These are (1) impotence
continuing since marriage; (2) adultery committed since marriage
and remaining unforgiven; (3) bigamous contract; (4) compulsion or
gross fraud in procuring the marriage, if a rescission be sought in
a reasonable time after removal of the restraint or discovery of
the fraud; (5) wilful desertion for two years without reasonable
cause; (6) conviction of felony or infamous crime; (7) habitual
gross drunkenness contracted since marriage; (8) harsh and cruel
treatment; (9) personal indignities rendering life burdensome; (10)
six months' voluntary neglect of the husband to provide the wife
with a home and the common necessaries of life.[475] This statute
was, however, of short duration. In 1854 the third and fourth
causes were dropped; bigamous contracts and those entered into
through compulsion or fraud being now properly treated as grounds
for annulment of void or voidable marriages. The remaining eight
causes recognized in 1853 were retained, except that the term of
wilful desertion was reduced to one year; and a period of one year
was likewise fixed in case of voluntary neglect to provide.[476]
Eight years later neglect to provide ceased to be a legal ground
of complaint. At the same time it was enacted that "habitual
gross drunkenness" to constitute a cause must exist for two years
immediately before the commencement of the suit; and the period of
wilful desertion was extended to three years.[477]
[475] Act of Feb. 1, 1853: _Gen. Laws of Ore._ (1852-53), 49-51.
[476] Act of Jan. 17, 1854: _Stat. of Ore._ (1853-54), 494-97.
_Cf._ also the same, _ibid._ (1854-55), 536-41.
[477] Act of Oct. 11, 1862: _Laws_, secs. 485 ff.; and the
same in DEADY AND LANE, _Organic and Other Gen. Laws of Ore.,
1843-1872_ (1874), 208-12.
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