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
The other states have been less conservative. By the New Hampshire
law of 1840, already noticed, divorce from the bond of marriage is
allowed to the "innocent party" in case of felony, drunkenness,
and the other causes there assigned.[86] This provision is still
retained;[87] but either person may remarry. So also by the
Connecticut law previous to 1849 it is the "aggrieved" who is to
be counted as "single" and able to marry, while at present no such
limitation appears. Rhode Island has been even more liberal. At no
time during the century, apparently, has the legislature placed any
conditions upon the remarriage of either party to a divorce decreed
for any cause, except that in 1902 it was provided that no decree
shall become final and operative until six months after trial and
decision.[88]
[86] _Laws of N. H._ (1840), 488, 489. See subsection _a_) above.
[87] _Pub. Stat. of N. H._ (1900), 591.
[88] _Pub. Laws of R. I._ (1902), 41.
Clandestine divorce is an evil as notorious, if not so harmful, as
clandestine marriage. To prevent it the New England states have been
fairly prudent in their regulation of "residence" and "notice." By
the existing law of Massachusetts, a divorce will be granted for
any lawful cause, occurring in the state or elsewhere, when the
libellant has lived for five years in the commonwealth; or, when the
parties were inhabitants of the state at the time of the marriage,
if the libellant has been such an inhabitant for three years before
the libel was filed, provided neither person came into the state
for the purpose. With this exception, as expressly provided in the
statute, a divorce will not be granted for any cause, if the parties
have never lived together as man and wife in the commonwealth; nor
for any cause occurring in another state or country, unless, before
it occurred, they had so lived together in the commonwealth, and
one of them was there living at the time it took place. A divorce
lawfully decreed in another state or country is recognized as valid.
On the other hand, when an inhabitant of the commonwealth goes
outside the state to obtain a divorce for a cause which occurred
in the state while the persons there resided, or for a cause which
would not be recognized as lawful therein, the "divorce so obtained
shall be of no force or effect" in the commonwealth.[89] Proceedings
for a divorce are not barred, however, when the "libellee has
been continuously absent for such a period of time and under such
circumstances as would raise a presumption of death."[90]
[89] _Pub. Stat. of the Com. of Mass._ (1882), 813, 817; _Rev.
Laws_ (1902), II, 1353, 1357. The main features of the present
law originated as early as 1835; _Rev. Stat._ (1836), 480, 484.
By the act of May 2, 1877, the prior time of residence had
been fixed at three years in all cases where the parties were
inhabitants of the state at the time of the marriage: _Supp. to
Gen. Stat., 1873-77_, II, 516.
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