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
[29] See _Laws of N. H._ (1855), 1542; also _Gen. Stat._ (1867),
386; _Gen. Laws_ (1878), 432, 433; _Pub. Stat._ (1891), 573.
[30] _Laws of the State of N. H._ (1797), 295.
[31] _Laws of N. H._ (1839, act of July 6), 400. This act was
amended in 1840 so that the divorce may be given within three
months after passage of the act, provided the whole time of
desertion before and after shall not be less than three years:
_Laws of N. H._ (1840, June 19), 439, 440.
The next year a broad step in advance was taken. In addition to
the existing causes, five[32] new and important grounds were at
once introduced. A divorce may be granted in favor of the "innocent
party" when the other is convicted and actually imprisoned for a
felony; or becomes a habitual drunkard and so continues for three
years; or "so treats the other, as seriously to injure health, or
endanger reason;" or "when the conduct of either party shall be so
gross, wicked and repugnant to the marriage covenant, as to occasion
the separation of the other for the space of three years."[33] This
last clause is omitted from the revised statutes of 1842. But among
the twelve grounds there enumerated two new ones appear. As by the
Massachusetts law of 1850, divorce is now granted either person
when the other joins and remains three years with a religious sect
or society "professing to believe the relation of husband and wife
unlawful;" or to the "wife of any alien or citizen of another state,
living separate," when she has resided in the commonwealth three
years, the husband "having left the United States with the intention
of becoming a citizen of some foreign country, and not having during
that time" returned to "claim his marital rights," nor having made
suitable provision for her support.[34] With the subsequent addition
of two more causes the tale is complete. Since 1854 any "citizen"
may claim a divorce when without his consent the wife willingly
absents herself "for three years together;" or when in like manner
she has "gone to reside beyond the limits" of the state and there
remained ten years together without returning to claim her marriage
rights.[35] These fourteen general grounds of divorce still appear
in the statute-book;[36] but it should be noted that not less than
seven of them have to do with absence or desertion of one or the
other of the persons under various conditions.
[32] Counting divorce for injury to health or endangering reason
as two grounds, as in the _Rev. Stat._ (1842), 293.
[33] _Laws of N. H._ (1840, November), 488, 489. In the case of
habitual drunkenness and of gross and wicked conduct not more
than two of the three years may precede the passage of the act.
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