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
The law governing the grounds of action, as it still exists in
Oregon, took its present form in 1887; and, with the exception
of the one clause omitted in 1862, it is practically the same as
it was established in 1854. Separation from bed and board is not
recognized. The circuit courts, sitting at least twice a year in
each county, have jurisdiction. A full divorce may be obtained on
petition of the aggrieved for (1) impotence; (2) adultery; (3)
conviction of felony; (4) habitual gross drunkenness contracted
since marriage and continuing for one year prior to the commencement
of the suit; (5) wilful desertion for the period of one year; (6)
cruel and inhuman treatment or personal indignities rendering life
burdensome.[478]
[478] Act of Feb. 27: _Laws_ (1887), 52, 53; same in _Codes and
Stat. of Ore._ (1902), I, 275. On cruelty as a cause see Morris
_v._ Morris, 73 _Am. Dec._, 619-31.
The divorce laws of Washington have been remarkably free from
violent changes. The current of legislation has run smoothly
along. Separation from bed and board has never been provided for;
but eight causes of absolute divorce were recognized by the first
territorial act on the subject in 1854. These are (1) force or
fraud in procuring the marriage, provided there be no subsequent
voluntary cohabitation; (2) adultery unforgiven, if application be
made within one year after knowledge of the offense; (3) impotence;
(4) abandonment for one year; (5) cruel treatment; (6) habitual
drunkenness; (7) neglect or refusal of the husband to make suitable
provision for his family; (8) imprisonment in the penitentiary,
if complaint be filed during the term of such confinement.[479]
In 1860 was added a new ground in the form of an "omnibus"
provision. A divorce was then permitted on application of either
spouse (9) "for any other cause deemed by the court sufficient, or
when the court shall be satisfied that the parties can no longer
live together."[480] Thus the law remained without change for
twenty-five years; but in 1885 it was provided (10) that in "case
of incurable, chronic mania or dementia of either party, having
existed for ten years or more, the court may in its discretion
grant a divorce."[481] Finally in 1891 the list of grounds for full
dissolution of wedlock sanctioned by the present code of Washington
was completed. A full divorce is now allowed, in modification of
the fifth cause above enumerated, (11) for "personal indignities
rendering life burdensome."[482] Originally the district courts were
vested with jurisdiction, but since 1889 the superior courts in
the separate counties have had authority in all cases of divorce,
alimony, and annulment.[483]
[479] _Stat. for the Ter. of Wash._ (1854), 405-7.
[480] Act of Jan. 23: _Acts_ (1860), 318-20.
[481] Act of Dec. 22, 1885: _Laws_ (1885-86), 120.
[482] Act of Feb. 24: _Laws_ (1891), 42; also in _Ann. Codes and
Stat. of Wash._ (1897), II, 1595-1600.
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