A History of Matrimonial Institutions, Vol. 3 of 3 — John Shaqi
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
[42] _Pub. Acts_ (1849), 17 (June 19). _Cf._ _Gen. Stat._ (1866),
305, 306, where the nine causes already existing in 1849 are
enumerated; also _ibid._ (1875), 188.
[43] _Pub. Acts_ (1878), 305.
[44] The eight causes already named appear in _Gen. Stat._
(1887), 612; and no later action seems to have been taken. _Cf._
_Gen. Stat._ (1902), 1090, 1091.
Throughout the century the supreme court of Rhode Island has
exercised jurisdiction in cases of divorce and alimony,[45] although
until 1851, as elsewhere explained, the legislature retained a share
in this power. At the beginning of the period a marriage might be
dissolved for (1) impotency, (2) adultery, (3) extreme cruelty,
(4) wilful desertion for five years, (5) the husband's neglect or
refusal to provide, or (6) for any other "gross misbehaviour and
wickedness in either of the parties, repugnant to and in violation
of the marriage covenant."[46] The last clause is surely broad
enough, and no further ground of separation was found necessary
until 1844. In that year (7) "continued drunkenness" is added.[47]
Seven years later the court is given discretionary power to dispense
with proof of full five years' desertion and to grant relief in less
time.[48] Finally the extreme limit of modern legislation is reached
in allowing (8) a decree when either spouse is guilty of "habitual,
excessive, and intemperate use of opium, morphine, or chloral."[49]
In 1902 the fifth cause in the above series was modified, a full
divorce being then authorized for the husband's neglect _and_
refusal to provide his wife with necessaries for at least one
year.[50] So the century, which began with six grounds, ends with
but two new causes for the dissolution of wedlock. In the meantime,
however, we have a rare example of reactionary legislation. In 1882
the policy of nearly two hundred and fifty years was reversed.[51]
It was then provided that in future "divorce from bed, board, and
cohabitation, until the parties be reconciled, may be granted for
any of the causes for which by law a divorce from the bond of
marriage may be decreed, and for such other causes as may seem to
require the same."[52] This sweeping provision is still in force.[53]
[45] So in 1798: _Pub. Laws of R. I._ (1798), 481. See also _Gen.
Laws_ (1896), 760, 761, where exclusive jurisdiction in such
cases is vested in the appellate division of the supreme court.
[46] _Pub. Laws_ (1798), 479.
[47] _Pub. Laws_ (1844), 263. But this provision may be earlier;
I have not been able to verify the date.
[48] _Laws of R. I._ (1851), 796.
[49] _Gen. Laws_ (1896), 634. Eight causes are here formally
enumerated; but the act further declares that when it is alleged
in the petition that the parties have lived apart from each other
for at least ten years, the court may in its discretion grant a
divorce: _ibid._, 634. This provision originated in 1893: _Acts
and Resolves_ (1892-93), 237.
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