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
[483] _Const. of 1889_, Art. IV, secs. 5, 6.
In 1851, at the second session of the state legislature, California
granted the district courts "within their respective districts"
jurisdiction in divorce questions. Nine causes of "divorces from bed
and board, or from the bonds of matrimony," were then recognized.
But in 1874 three of these--natural impotence, force or fraud, and
the marriage of a female under the age of fourteen years without
consent of parent or guardian or without ratification by her
after reaching that age--were dropped, and thereafter they were
rightly treated as grounds for annulment of voidable contracts. The
remaining six causes were then re-enacted, with some changes in the
prescribed conditions, but only as grounds of absolute divorce. The
statute of 1874 is still in force, full dissolution of wedlock,
but not separation from bed and board, being sanctioned for (1)
adultery; (2) extreme cruelty; (3) wilful desertion; (4) wilful
neglect; (5) habitual intemperance; (6) conviction of felony.
After this formal enumeration of the grounds of petition, the
first code of California carefully defines the terms employed and
prescribes the conditions under which the law shall take effect.
Thus "wilful desertion, wilful neglect, or habitual intemperance
must continue for one year before either is a ground for divorce."
By the original act of 1851, it may be noted, a period of three
years was prescribed for both wilful desertion and wilful neglect to
provide. In 1853, however, the term of wilful desertion was reduced
to two years; and the same time was fixed for wilful neglect in
1870. A period during which habitual intemperance must exist to
constitute a cause of divorce was not mentioned until the statute
of 1874, by which, in this case as well as in the two others above
named, the one-year term was required. By the existing code extreme
cruelty is defined as the "infliction of grievous bodily injury or
grievous mental suffering."[484] "Wilful desertion is the voluntary
separation of one of the married parties from the other with the
intent to desert." But when one person is induced by the stratagem
or fraud of the other "to leave the family dwelling-place, or to
be absent, and during such absence the offending party departs
with intent to desert the other, it is desertion by the party
committing the stratagem or fraud, and not by the other." In like
manner "departure or absence of one party from the dwelling-place,
caused by cruelty or by threats of bodily harm from which danger
would be reasonably apprehended from the other, is not desertion by
the absent party but it is desertion by the other." Separation by
consent, with or without the understanding that one of the married
persons will apply for a divorce, is not desertion. Moreover,
"absence or separation, proper in itself, becomes desertion
whenever the intent to desert is fixed during such absence or
separation."[485] Wilful neglect is defined as the neglect of the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account