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
A radical change was made in 1847. All the foregoing causes were at
once superseded by a sweeping provision which is without parallel
in the previous history of New England. By an act of that year,
amended in one particular in 1849, any justice of the supreme
judicial court, at any term held in the county of the parties, may
grant decrees of divorce from the bond of wedlock, when "in the
exercise of a sound discretion" he may "deem the same reasonable
and proper, conducive to domestic harmony, and consistent with the
peace and morality of society."[66] Moreover, to understand the full
import of this law we must take into account an enactment of 1850.
In no case is the libellant then to be "restricted to the proof of
causes happening within the state," or where either of the persons
is "residing within the state," but he "may allege and prove any
facts tending to show that the divorce would be" just according
to the provision of the law in question.[67] The act of 1847
remained in force until 1883,[68] when a new statute appeared which
completely transformed the divorce system of Maine. Seven causes
of dissolution _a vinculo_ are prescribed. These are (1) adultery;
(2) impotence; (3) extreme cruelty; (4) utter desertion for three
years; (5) gross and confirmed habits of intoxication; (6) cruel
and abusive treatment; and (7) gross, cruel, and wanton neglect or
refusal of the husband, being able, to provide for the wife.[69]
At the same time the decree from bed and board is abolished; and
the decree _nisi_ is instituted in practically the same form as in
Massachusetts.[70] In 1897 a modified provision as to residence was
adopted, and two years later the law took its present form. The same
seven causes sanctioned by the act of 1883 are retained, except that
under the fifth head the qualifying words are added, "from the use
of intoxicating liquors, opium, or other drugs."[71]
[66] The act of July 13, 1847, gave a "majority" of the justices
this power: _Acts and Resolves_ (1847), 8; but this was amended
in harmony with the text in 1849: _Acts and Resolves_ (1849), 104.
[67] _Ibid._ (1850), 150, 151.
[68] Except by an act of 1863, in addition to the "blanket"
provision of 1847, three years' wilful desertion is specified as
a cause: _Laws_ (1863), chap. 211, sec. 2; also in _Rev. Stat._
(1871), 488.
[69] _Acts and Resolves_ (1883), chap. 212, secs. 1, 2, p. 175
(March 13); _Rev. Stat._ (1884), 520-23.
[70] _Acts and Resolves_ (1883), chap. 212, sec. 4, pp. 175, 176;
_Rev. Stat._ (1884), 522.
[71] Compare the act of March 2, 1897: _Acts and Resolves_
(1897), 232, 233, with that of March 15, 1899: _ibid._ (1899), 89.
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