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
A divorce for the cause of adultery committed by the woman, by
the Massachusetts statute, does not affect her title to her
separate real and personal estate during her life, except that
the court may award the man a just share of it for the support of
the minor children decreed to his custody. Should the divorced
wife marry again, the former husband's interest in such separate
estate, after her death, ceases, except as thus required for the
children's alimony. After divorce the wife is not entitled to
dower; unless the cause be the husband's infidelity or his sentence
to confinement at hard labor; and except when the husband dies
before a decree _nisi_, granted on the wife's petition, has become
absolute.[120] The Massachusetts law, as thus broadly outlined, is
typical of that which prevails throughout New England, although
there are some important variations in matters of detail.[121] The
Vermont statute, in particular, is very clear and elaborate in its
provisions. "Upon the dissolution of a marriage, by a divorce or
decree of nullity, for any cause except that of adultery committed
by the wife," the latter is entitled to the immediate possession
of her real estate. In all cases "the court may decree to the
wife such part of the real and personal estate of her husband, as
it deems just, having regard to the circumstances of the parties
respectively; and it may require the husband to disclose on oath,
what real and personal estate has come to him by reason of the
marriage, and how the same has been disposed of, and what portion
thereof remains in his hands." There is also provision for placing
the property awarded the wife in the hands of trustees in her
behalf.[122]
[120] _Pub. Stat. of Mass._ (1882), 814-16; _Rev. Laws_ (1902),
II, 1355.
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