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
Whether the number of divorces is directly influenced by legislation
is a question which has given rise to decided difference of opinion.
Bertillon, writing in 1883 in favor of the new divorce law of
France then under consideration, took the position that statutes
extending the number of causes of divorce or relaxing the procedure
in divorce suits have little influence "upon the increase in the
number of decrees."[768] Yet, for obvious reasons, he predicted
that the first, though not the lasting, result of a change in the
law allowing absolute divorce instead of mere separation would be
the opposite of this conclusion. Such, in fact, was the case. In
1883 there were 3,010 separations; while, after the new code took
effect, 4,478 divorces and separations were granted in 1884, 6,245
in 1885, and 6,211 in the following year.[769] Only a part of this
can be accounted for by the change in law, for there had been a
rapid increase during the preceding fifty years.[770] For the
United States this point has been examined by Professor Willcox,
and his results go to show that the difference in the divorce rate
existing among the states cannot very largely be accounted for by
the difference in the number of grounds of petition sanctioned by
the respective statutes. Thus in 1880 New York admitted one cause,
New Jersey two causes, and Pennsylvania four; yet on the average
in that year for each 100,000 married couples New York was granting
81 divorces, New Jersey 68, and Pennsylvania 111.[771] "This means
that more divorces for adultery are granted in New York, relatively
to population, than for adultery and desertion in New Jersey, and
almost as many as for adultery, desertion, cruelty, and imprisonment
in Pennsylvania. Assume the number of married couples in the three
states in 1875 to be a mean between the estimates for 1870 and 1880,
and compare with this mean the total number of divorces for adultery
in the three states for the twenty years. Pennsylvania had annually
16 such divorces to 100,000 couples, New Jersey had 26, and New York
78. Judging from the court records, one would say that adultery was
about three times as frequent in New York as in New Jersey, and
about five times as frequent as in Pennsylvania. No such inference
is warranted. The true conclusion is that limiting the causes
increases the number of divorces in those which remain, but without
materially affecting the total number. A certain proportion of the
married couples in the three states desired divorce, and was willing
to offer the evidence required in order to obtain the decree. The
number of causes, then, seems to have affected the grounds urged
for divorce, but in no large degree the total number."[772] It is
possible that this conclusion is somewhat too emphatic. The problem
is very complex, and it is hard to make allowance for all its
conditions. For example, it should not be forgotten that New Jersey
has but one tribunal, the court of chancery, authorized to grant
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