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
[78] Act of May 11, 1864: _Supp. to Gen. Stat., 1860-72_, I, 279.
But there must be no collusion. See 10 ALLEN, 276.
[79] Act of June 11, 1873: _Supp. to Gen. Stat., 1873-77_, 104;
Act of June 30, 1874: _ibid._, 306.
[80] Act of May 6, 1881: _Acts and Resolves_ (1881), 563; _Pub.
Stat._ (1882), 815; _Rev. Laws_ (1902), II, 1355.
The early laws of Maine show no restraints upon remarriage after
divorce, but since 1883 the Massachusetts precedent has been
followed, with some interesting variations. In case of collusion,
where both persons are guilty of adultery, no separation will be
allowed. After obtaining the final decree, the person in whose favor
it is granted may not marry within two years without the court's
permission. Within that period the adverse party is absolutely
forbidden to remarry; nor may he do so thereafter without the
court's consent.[81] There is also a unique provision for a new
trial. Within three years after a judgment has been rendered, a
rehearing as to divorce may be had in case the persons have not
cohabited nor either of them contracted a new marriage during the
period. Moreover, if either has married again, such new trial may
be "granted as to alimony or specific sum decreed" when "it appears
that justice has not been done through fraud, accident, mistake, or
misfortune."[82]
[81] _Rev. Stat._ (1884), 520-22.
[82] _Rev. Stat. of the State of Maine_ (1884), 522. This
provision originated in 1874: _Acts and Resolves_ (1874), chap.
184, sec. 3, p. 130.
During the "assumption" period the popular assembly of Vermont
followed the Connecticut rule as it then stood, allowing only the
innocent person to contract a new marriage.[83] But from 1797 onward
the laws of the state grant entire freedom to either spouse in this
regard.[84] At present the "libellee" is not permitted "to marry a
person other than the libellant for three years," unless the latter
dies.[85]
[83] SLADE, _State Papers_, 364.
[84] By an act of 1797, both parties may at once remarry: _Laws
of the State of Vt._ (1798), 364.
[85] Act of Nov. 27, 1878: _Acts and Resolves_ (1878), 32,
33; also in _Stat. of Vt._ (1894), 511, 512. The penalty for
violation of this provision is imprisonment from one to five
years.
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