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
[546] _Gen. Stat. of N. J._ (1896), II, 1273; being act of March
7, 1889: _Pub. Laws_, 48. This law has existed in nearly the same
form since 1820: see act of Feb. 16, 1820: _Laws of the State_
(1821), 667.
[547] _Gen. Stat. of N. J._ (1896), II, 1273; being act of May
11, 1886: _Pub. Laws_, 345.
A term of twelve months' previous residence was established by
Indiana in 1831.[548] This was increased to two years in 1838,
regardless of the place where the alleged cause of divorce
occurred.[549] A period of one year was again adopted in 1849.[550]
Three years later the law was still further relaxed by making
_bona fide_ residence in the county of the action sufficient to
warrant a petition.[551] In 1859 the one-year term was once more
restored,[552] only to yield in 1873 to a _bona fide_ residence
of two years in the state and six months in the county; and this
provision is still in force.[553] The legislation of Michigan shows
similar vicissitudes. The act of 1819 allows an absolute divorce
for adultery when the parties are "inhabitants" of the territory,
or when the marriage was solemnized therein, and the injured person
is an actual resident at the time of the offense and at the time
the complaint is filed.[554] In 1832 a residence of three years was
fixed for the plaintiff in both full and partial divorce;[555] but
in 1838 the term was reduced to two years, and to half that time
in 1844.[556] The period of one year is still sanctioned when the
cause of action occurs within the state. By the careful act of May
26, 1899, no decree of divorce will be granted in any case unless
(1) the plaintiff has resided in the state for one year preceding;
or (2) the marriage sought to be dissolved was solemnized in the
state and the plaintiff has since resided therein to the time of
the petition. Furthermore, in no case will a decree be granted
unless (1) the defendant is domiciled in the state when the petition
is filed; or (2) was so domiciled when the alleged cause for the
action arose; or (3) when he voluntarily appears at the trial, or
is brought in by publication, or has been personally served with
process or notice. On the other hand, when the cause of action
occurs outside the state, a divorce will not be allowed unless the
complainant or the defendant shall have resided in the commonwealth
for two years immediately before the filing of the petition. If the
defendant is not domiciled in the state at the time of commencing
the suit, or when the alleged cause arose, before a decree will be
granted the complainant must prove that the parties have actually
lived and cohabited together as husband and wife within the state,
or that the complainant has there resided in good faith for the two
preceding years.[557]
[548] _Rev. Laws of Ind._ (1831), 213.
[549] _Ibid._ (1838), 243.
[550] _Gen. Laws_ (1849), 62.
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