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
[570] _Stat. and Amend. to Codes of Cal._ (1891), 52. The
plaintiff must be a resident of the state one year and of the
county three months. Between 1851 and 1891 the term was six
months: Act of March 25: _Stat. of Cal._ (1851), 186, 187.
[571] _Acts_ (1899, Feb. 3), 94: The plaintiff must have been a
resident of the state in good faith for twelve months, and be a
citizen of the United States or have declared his intention to
become such citizen. By the earlier law, as at the close of the
territorial period, the term of residence was ninety days: _Rev.
Codes of N. D._ (1895), 614.
[572] _Laws of Wyo._ (1901), 4.
[573] _U. S. Stat. at Large_, XXXIII, 944. The period is two
years in Hawaii: _ibid._, XXXI, 150.
Four states are less stringent in their requirements. In Nebraska,
since 1856, petition will not be granted unless the plaintiff has
resided in the state for six months, except when the marriage was
solemnized in the state and the plaintiff has there dwelt since the
marriage to the time when the suit is commenced.[574] The same term
has been required in Idaho since 1864;[575] while in Nevada, since
1861, the plaintiff must have resided six months in the county where
suit is brought, unless the action is begun "in the county in which
the cause thereof shall have accrued, or in which the defendant
shall reside, or be found, or in which the plaintiff shall reside if
the latter be the county in which the parties last cohabited."[576]
Until 1899, as in the territorial stage, South Dakota required only
ninety days' _bona fide_ residence on the part of the plaintiff. In
that year the term was increased to six months; but in no case will
a divorce be granted without personal service within the state, or,
when the defendant is non-resident, personal service and order of
publication "until the plaintiff shall have a _bona fide_ residence
in the state for one year" next before the granting of a decree.[577]
[574] _Comp. Stat. of Neb._ (1901), 577; _Laws_ (1856), 155.
[575] _Rev. Stat. of Idaho_ (1887), 305; _Laws_ (1867), 69. The
law of residence took its present form in 1867: but the provision
of 1864, _Laws_ (1863-64), 615, 616, is identical with that of
Nevada quoted in the text.
[576] _Comp. Laws of Nev._ (1900), 115. _Cf._ _Laws_ (1861), 96,
97; and _Laws_ (1875), 63.
[577] _Stat. of S. D._ (1899), II, 1029; _Rev. Codes_ (1903),
602. The territorial law of 1883: LEVISSEE, _Ann. Codes of Ter.
of Dak._ (1884), 751, requires a residence of ninety days.
The laws of every state in this group contain some provision
requiring notice to the defendant when personal service cannot
be had. Such notice is given as in equity suits in Illinois and
Nebraska; as in ordinary civil actions in California,[578] Idaho,
Montana, Oregon, Utah, Washington, Wisconsin,[579] and Wyoming; and
in the remaining commonwealths special rules regarding publication,
usually in the newspapers, are in force.[580]
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