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
[524] HOWELL, _Gen. Stat._ (1890), III, 3605; MILLER, _Comp.
Laws_ (1899), III, 2666.
The legislation of the newer states of the Mississippi valley and
the Pacific slope discloses the same lack of harmony in dealing
with the question in hand. By the laws of Wyoming, Utah, and Nevada
either spouse, whether guilty or innocent, is left absolutely free
to contract further wedlock as soon as he likes after divorce.
At present the same is true of Iowa, although under the early
enactments the guilty defendant was forbidden to remarry.[525]
In Kansas, by a statute of 1855, the guilty person is restrained
from marrying again during five years unless so permitted by the
terms of the decree.[526] Between 1859 and 1881 entire freedom was
allowed.[527] Subsequently in that state it has been "unlawful for
either party ... to marry any other person within six months from
the date of the decree of divorcement," or, if appeal be taken,
"until the expiration of thirty days from the day on which final
judgment shall be rendered by the appellate court." Marriage in
violation of this statute is declared bigamy and void.[528] Nebraska
since 1885, Oregon since 1862, Washington since 1893, and Minnesota
since 1901, have each interdicted remarriage within the same period
of six months after a decree of divorce.[529] In Idaho since 1903
the term is "more than six months;" while in North Dakota since
1901 it is but three.[530] Since 1893 Colorado has gone farther,
requiring in such a case a delay of one year.[531] The same delay is
required in Wisconsin since 1901;[532] while in Montana, since 1895,
the innocent person must needs wait two years and the guilty person
three years before renewing the marital bond with anyone save the
former spouse.[533] South Dakota, when the cause is adultery, still
refuses, as in the territorial stage, to permit the guilty defendant
to rewed during the lifetime of the innocent plaintiff, unless,
indeed, with the latter.[534] In Alaska neither party may marry a
third person until proceedings on appeal are ended, or if no appeal
be taken, during one year, the statutory term for bringing such
action.[535]
[525] By the act of Jan. 24, 1855, the guilty party is prohibited
from remarrying: _Laws of Ia._ (1854-55), 112. The restriction
was dropped in 1858: _Laws_ (1858), 97, 98, 236: _Ann. Code_
(1897), 1135-47.
[526] _Stat. of Kan._ (1855), 312.
[527] _Gen. Laws of Kan._ (1859), 385. This and the later acts to
1881 are silent as to remarriage.
[528] _Laws of Kan._ (1889), 145; same in _Comp. Laws of Kan._
(1897), II, 276: "Every decree of divorce shall recite the day
and date when judgment was rendered in the cause, and that
the decree does not become absolute and take effect until the
expiration of six months from said time." _Cf._ the act of
March 5: _Laws of Kan._ (1881), 229-31, where the six-months'
prohibition first appears.
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