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
Very naturally the first divorce legislation of Maine is based
largely upon the contemporary laws of Massachusetts; and her
policy in this regard since the attainment of statehood in 1820
has developed on lines parallel to those followed by the parent
commonwealth, although there are some interesting divergences in
matters of detail. The statutes of 1821 embody the Massachusetts
law of 1786, together with such subsequent legislation as was still
in force. Jurisdiction is vested in the supreme judicial court.
Divorce from the bond of marriage is allowed for the same two causes
named in that act. Separation from bed and board for cruelty,
utter desertion, and neglect to provide is authorized, just as in
Massachusetts after 1811,[63] and this kind of divorce existed
until 1883. Three new grounds for dissolving marriage were allowed
in 1830. These were five years' wilful desertion, uniting with the
society called Shakers, and sentence to state's prison--in each of
the latter two cases the term being likewise five years.[64] To
these were subsequently added fraudulent contract and three years'
habitual drunkenness such as to incapacitate either spouse from
taking care of the family.[65]
[58] _Revision of the Stat._ (1840), 324.
[59] _Vermont Stat._ (1894), 507.
[60] _Ibid._
[61] _Acts and Resolves_ (1896), 43, 44.
[62] _Vermont Stat._ (1894), 508, 236.
[63] _Laws of the State of Maine_ (1821), I, 344-47; also SMITH,
_Laws of the State of Maine_ (1834), I, 424 ff.
[64] Act of March 6, 1830: _Pub. Acts_ (1830), 1227, 1228. This
statute merely changes the terms of another of the preceding
year: _ibid._ (1829), 1208, 1209.
[65] In 1835 a divorce is authorized "where the consent of
one of the parties to the marriage was obtained, by gross and
deliberate fraud or false pretences ... provided the parties have
not cohabited, as husband and wife, after such fraud was known
to the party, thus deceived."--_Pub. Acts_ (1835), 177. Habitual
drunkenness was added in 1838: _Pub. Acts_ (1838), 499, 500;
_cf._ _Rev. Stat._ (2d ed., 1847), 364.
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