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
Until very recently in California no clear restraint was put upon
further wedlock after full separation. In 1897, following the
example of Colorado, the legislature provided that in case of
dissolution a new marriage may validly be contracted by either
person only when the decree of divorce has been rendered at least
one year before.[536] This amendment, it seems, was designed
primarily to remedy an abuse arising in the uncertainties of
California law--one often encouraged by careless legislation in
the United States. Its purpose, says Judge Belcher in the opinion
below cited, "was to correct a great public evil which had become
too rife--to put a stop to marriages within the period allowed for
the appeal from the decree of divorce, which might be and sometimes
had been reversed, with great scandal to the parties who had
married again." In the meantime this new and stringent provision
has given occasion for still more serious evils originating in the
inharmonious laws of adjacent states. The statutes of Nevada, whose
borders are within easy reach of San Francisco, have not fixed
a period within which divorced persons may not contract further
wedlock. As a result, Reno has become the Gretna Green of California
couples who there seek to evade the interdict of their own law.
Whether a person who retains his domicile in California may contract
a valid marriage in Nevada within less than one year after having
been divorced in the former state is a question regarding which the
decisions of the superior courts long contradicted one another.[537]
But the supreme tribunal has just determined[538] that California
in this regard is to take her place by the side of New York and
Massachusetts, whose example Washington had already followed.[539]
To overcome the effect of this decision, the legislature has enacted
that if in any case the court "determines that a divorce ought to
be granted an interlocutory judgment must be entered, declaring
that the party in whose favor the court decides is entitled to a
divorce." After one year has expired, on its own motion or the
motion of either person, the court "may enter final judgment
granting the divorce," unless action on appeal or on a motion for
a new trial is pending. "In no case can a marriage of either of
the parties during the life of the other be valid in this state,
if contracted within one year after the entry of an interlocutory
decree." But this legislation,[540] it is believed, will be declared
unconstitutional by the supreme court.[541]
[536] "Sec. 61. A subsequent marriage contracted by any person
during the life of a former husband or wife ... , with any person
other than such former husband or wife, is illegal and void from
the beginning unless:
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