A History of Matrimonial Institutions, Vol. 3 of 3 — John Shaqi
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
_c_) _Alimony, property, and custody of children._--During the
pendency of a suit for divorce the court is authorized to make
orders forbidding the husband to put any restraint upon the personal
liberty of the wife, and for the care and custody of the minor
children. At the same time it may require the husband to deposit
money to enable the wife to maintain or defend the libel;[117]
and just provision may also be made for her temporary alimony or
support.[118] Vermont grants the county court authority, when the
parents are living separate, though not divorced, to make orders
for the "care, custody, maintenance and education" of the minor
children. Similar orders relating to the children and for the
support of the wife, in that state, may be made when without just
cause a husband "fails to furnish suitable support to his wife, or
has deserted her, or when the wife, for a justifiable cause, is
actually living apart from her husband."[119] In like manner, in all
the states, the court may make proper orders for the care, custody,
and education of the children after the divorce, and for permanent
alimony to the wife. In Vermont, New Hampshire, and Massachusetts
alimony, or an allowance in the nature of alimony, may be decreed to
the husband as well as to the wife.
[117] By the Vermont act of Nov. 22, 1898: _Acts and Resolves_,
38, 39, when a married woman files a libel for divorce and prays
for alimony, the husband is enjoined from conveying or removing
from the state, during pendency of the libel, such portion of
his estate as the judge may think necessary to secure alimony,
and from concealing or interfering with the property or clothing
of the wife and minor children, or such portion of his personal
property as may be at the time in her possession.
[118] _Pub. Stat. of Mass._ (1882), 814; _Laws of Mass._ (1821),
508, 509; _Rev. Stat. of Mass._ (1835), 482; _Vermont Stat._
(1894), 509; _Rev. Stat. of Maine_ (1884), 521; _Rev. Stat. of N.
H._ (1843), 294.
[119] _Vermont Stat._ (1894), 510, 511.
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