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
[50] _Pub. Laws_ (1902), 39-41.
[51] For the rare cases of permission to live "apart" granted by
the legislature cannot be regarded as historically important.
[52] _Pub. Stat._ (1882), 427.
[53] _Gen. Law_ (1896), 634, 635; _Pub. Laws_ (1902), 39. This
act of 1902 allows such separation, provided the petitioner has
been a domiciled inhabitant of the state and has resided there
for such length of time as the court shall deem sufficient.
The first word in the history of divorce legislation for Vermont
appears in the records of the "assumption" period. In 1779 the
"representatives of the freemen" authorize the superior court to
grant dissolution of the bond of marriage for the same four causes
allowed at that time by the Connecticut laws, but by implication
only the aggrieved person is permitted to remarry.[54] This
restriction does not appear in the statutes enacted after the
attainment of statehood. By these the supreme court may grant either
spouse a decree for impotence, adultery, intolerable severity,
three years' wilful desertion with total neglect of duty, or for
the usual term of long absence unheard of.[55] The same grounds
are retained in 1805, but with one important modification. In the
case of "intolerable severity" it is left optional with the court
whether the decree shall be from bed and board or from the marriage
bond.[56] This provision, however, was short-lived, for it seems to
have been repealed in 1807.[57] The number of causes of divorce _a
vinculo_ in 1839 has increased to six, but one old ground--impotence
has given place to two new ones--actual confinement on a criminal
sentence for three years or more, and gross, wanton, and cruel
neglect of the husband to provide when he is able.[58] By the
existing law the same six causes are expressly recognized.[59] But
the statute contemplates divorce on still other grounds; for it is
provided that libels for causes other than those named shall be
tried in the county where the persons or one of them resides.[60]
The last word of the period is retrogressive, decrees from bed and
board being restored after an interval of almost exactly one hundred
years. By the act of November 24, 1896, such separations, "forever
or for a limited time," are authorized, as in Rhode Island, "for any
of the causes for which a divorce from the bond of matrimony may
be declared."[61] Jurisdiction is now vested in the county courts,
each held by an assigned judge of the supreme court, who may try
questions of fact as well as of law.[62]
[54] SLADE, _Vermont State Papers_, including laws enacted
1779-86 (1823), 364.
[55] _Laws of the State of Vermont_ (1798), 333.
[56] Act of Nov. 7, 1805: _Laws of the State of Vt._ (1808), I,
270-72.
[57] It appears to have been abrogated by sec. 3 of the act of
Oct. 21, 1807: see _Laws of Vt._ (1825), 364, 365, note.
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