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 California codes and decisions, as is well understood, have
been freely adopted or followed by a number of western states.
This is especially true regarding divorce legislation. The causes
and conditions of action recognized by California law have often
been accepted outright.[489] Such, for example, is the case in
Montana. By the code of 1895 the same six causes sanctioned by the
law of California since 1874 are recognized; while the prescribed
definitions, already in part summarized from that law, are almost
exactly reproduced. The grounds for dissolution of wedlock are
identical, except in their phraseology, with those authorized by the
original Montana act of 1865, save that in addition impotence and
bigamous contract were then enumerated among the legal causes of
divorce. There is no separation from bed and board in Montana; but
the wife may be allowed separate maintenance, although a decree of
divorce is denied. Since 1865 the respective district courts, on
the chancery side, have had jurisdiction in absolute divorce and in
all questions of alimony and annulment of voidable contracts.[490]
[489] For some account of the influence of the California Codes
see HEPBURN, _Hist. Dev. of Code Pleading in America and Eng._
(Cincinnati, 1897), especially 93 ff., 104 ff., 160.
[490] Compare the act of Feb. 7, 1865: in _Acts_ (1864-65), 430,
431; and _Comp. Codes and Stat. of Mont._ (1895), 478-80.
What has just been said of Montana may be repeated for Idaho, where
the California system was adopted in 1887.[491] By an act of 1895,
however, incurable insanity was admitted as a seventh cause of full
divorce.[492] In this case, as in all the others since 1864, the
district court in the county of the plaintiff has jurisdiction.
Earlier the laws relating to the causes were somewhat less closely
patterned upon the California statutes. The act of 1864 allows a
full divorce for (1) impotence at the time of the marriage; (2)
adultery committed since marriage and remaining unforgiven; (3)
wilful desertion for two years; (4) conviction of felony or infamous
crime; (5) habitual gross drunkenness, contracted since marriage,
incapacitating the offender from contributing his or her share to
the support of the family; (6) extreme cruelty; (7) neglect of the
husband for two years to provide the common necessaries of life,
unless such neglect is the result of poverty which could not be
avoided by ordinary industry.[493] Three years later the California
law, as it then stood, allowing nine causes of full divorce, was
adopted, except that the terms of habitual intemperance and wilful
neglect were each fixed at two years, and a period of one year was
made sufficient for wilful desertion. It should also be noted that
this Idaho statute, unlike the contemporary law of California, made
no provision for partial divorce.[494] It was superseded in 1875 by
a new act[495] which is identical in its provision regarding the
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