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
[745] For a good discussion of the scope of various statutory
grounds of divorce, with the defenses, as actually interpreted
by the courts, see WHITNEY, _Marriage and Divorce_, 108-56; and
compare BISHOP, _Mar., Div., and Sep._, I, 610 ff., II, 1 ff.;
STEWART, _Law of Mar. and Div._, 203 ff.; LLOYD, _Law of Div._,
147 ff., 180 ff.; CONVERS, _Mar. and Divorce_, 180 ff.
[746] The ninety-nine illustrations of the allegations of the
plaintiff presented in WRIGHT'S _Report_, 172-78, constitute
very interesting reading. Some of them are quoted by BRYCE,
_Studies in Hist. and Jurisp._, 835, 836. The frauds arising in
the procedure are forcibly described by JUDGE JAMESON, "Divorce,"
_North Am. Rev._, CXXXVI, 323, 324; and the conflicts in laws by
PHILLIPS, "Divorce Question," _Internat. Rev._, XI, 139-52.
The appearance of the government report in 1889 revealed for the
first time something like the real facts regarding divorce in the
United States. In the entire country during the period of twenty
years (1867-86) covered by the report, 328,716 petitions for full
or partial divorce were granted. From 9,937 decrees in 1867, the
number rose to 11,586 in 1871, 14,800 in 1876, 20,762 in 1881,
and to 25,535 in 1886, showing an increase in twenty years of
157 per cent., while there was a gain in population of but 60
per cent. during the same period. Comparing the last year with
the first, only four states in the Union--Delaware, Connecticut,
Maine, and Vermont--show a decrease in the divorce rate; while,
more fairly, comparing the fourth quinquennium with the first,
only the three states last named show such a "decrease in their
divorce movement."[747] Of the whole number of divorces during the
twenty years, 112,540 were granted to the husband and 216,176 to
the wife. Among the principal causes, at each stage of the wedded
life, only for adultery were more decrees granted on the husband's
petition than on the wife's.[748] "As regards the ratio of divorces
to marriages, six states report marriages fully enough for a
trustworthy comparison. Of these, Connecticut has for the entire
period a divorce to 11.32 marriages and for the worst year, 1875,
one to 8.81; Rhode Island gives one to 11.11 for the period and one
to 9.36 in 1884, closely approaching that for the preceding years;
Vermont one to 16.96 for the period and at its worst, in 1871, one
to 13; Massachusetts gives one to 31.28 for the period, its worst
being one to 22.54 in 1878; Ohio averages one to 20.65, with an
almost unvarying progress downward to one to 15.16 in 1886;" and
in the District of Columbia the rate for the period is 31.28, while
at the best it is 74.65 in 1868 and at the worst 20.82 in 1877.
"In some other states where marriages are less fully reported, the
ratios are as follows: Illinois one to 14.76 for the period, while
Cook county gives one to 13.6; Michigan one to 12.92; Minnesota one
to 30.05; New Hampshire one to 9.74 (its lowest, one to 7.6 in 1880,
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