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
[90] Act of May 8, 1884: _Acts and Resolves_, 181; _Supp. to Pub.
Stat._, chap. 219, p. 185; _Rev. Laws_ (1902), II, 1353.
Similar provisions exist in the other states, although sometimes
they are less severe. The New Hampshire court has jurisdiction in
matters of divorce under three alternate conditions: (1) when both
parties are domiciled in the state when the libel is filed; (2)
when the plaintiff is so domiciled and the defendant is personally
served with process in the state; and (3) when either of the parties
is domiciled in the state at the commencement of the suit, and has
actually resided there for the year preceding.[91] In Rhode Island
the term of prior residence for the petitioner is two years.[92]
As early as 1805 in Vermont a three-years' residence was required
in order to obtain a divorce; and a decree would not be granted
for any cause occurring before the applicant became a resident of
the state.[93] The term was reduced to one year in 1807.[94] As
the law stood in 1863, the requirement as to residence was still
defective. "Such divorce for adultery, intolerable severity, and
wilful desertion for three years may be granted when the causes
happened while residing in another state or country if the libellant
has resided in the state two years previous to the term of court to
which the petition is preferred."[95] An attempt was made in 1878 to
put a check upon the increasing number of divorces by prescribing
more careful conditions. No divorce is henceforth to "be decreed
for any cause, if the parties have never lived together as husband
and wife" in the state, nor unless the libellant shall have resided
there "one full year next preceding the filing of the libel in
court." Furthermore, no divorce may be granted for any cause "which
shall have accrued in any other state or country, unless one of the
parties was then living in the state, and unless before such cause
accrued the parties had lived together in this state as husband
and wife.[96] In substance this law is still in force, though the
present provisions are more precise. A divorce may not be granted
"for any cause which accrued in another state or country before the
parties lived together in this state as husband and wife, and while
neither party was a resident of this state, unless the libellant
shall have resided in this state at least one year and in the county
where the libel is preferred at least three months next before the
term of the court to which the libel is preferred."[97] The statutes
of Maine authorize divorce for any legal cause, if the persons were
married in the state; or if they cohabited there after marriage;
or if the libellant resided in the state when the cause of action
occurred, or had so resided for one year prior to the commencement
of the suit; or if the libellee is a resident of the state when
suit is brought.[98] With regard to foreign divorces and divorces
obtained outside the state by inhabitants thereof, the law of Maine
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