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
is identical with that of Massachusetts.[99] Throughout the century
Connecticut has maintained a high standard in this regard. With
some qualifications, three years' prior residence has always been
required of a petitioner coming into the state from abroad.[100]
As the law now stands, a complaint will be dismissed unless the
complainant has continuously resided in the state for the preceding
three years, except when the cause of divorce arose subsequently
to his removal into the same; or unless the defendant had in like
manner there resided for three years, and actual service was made
upon him; or "unless the alleged cause is habitual intemperance, or
intolerable cruelty and the plaintiff was domiciled in the state at
the time of the marriage," and before bringing the complaint has
returned with the intention of there remaining.[101]
[91] _Pub. Stat. of the State of N. H._ (1891), 495; _ibid._
(1900), 590, 591.
[92] Raised from one year to two by _Pub. Laws_ (1902), 40; but
it is provided that if the defendant has for that time been a
resident and domiciled inhabitant of the state, and has been
actually served with process, the requirement of the act as to
term of the petitioner's residence shall be satisfied.
[93] Act of Nov. 7, 1805: _Laws of State of Vt._ (1808), I, 270.
[94] _Laws of State of Vt._, I, 272, 273, 274.
[95] _Gen. Stat._ (1863), chap. 70.
[96] Act of Nov. 27, 1878: _Vermont Acts and Resolves_ (1878),
32, 33.
[97] _Vermont Stat._ (1894), 507.
[98] Act of March 15, 1899: _Acts and Resolves_, 89. _Cf._
the act of 1897: _Acts and Resolves_, 232, 233, which in the
residence clause contained the additional words "or if the
libellee is a resident of the state" at the time. This clause was
restored by _Acts and Resolves_ (1903), 31.
[99] _Rev. Stat._ (1884), 522.
[100] See _Acts and Laws_ (1797), 457; also _Stat. of the State
of Conn._ (1854), 380, where the term may be less for the
plaintiff when the defendant has been three years in the state.
[101] _Gen. Stat. of Conn._ (1887), 613; _Gen. Stat._ (1902),
1091.
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