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
No further legislation regarding the grounds of divorce appears
until the foundation of the existing law of Kentucky was laid in the
act of 1843. The present statute presents an exceedingly complex
analysis of causes. "A jury shall not be impaneled in any action
for divorce, alimony, or maintenance, but courts having general
equity jurisdiction may grant a divorce for any of the following
causes, to both husband and wife": I. To either party: (1) for "such
impotency or malformation as prevents the conjugal relation;" (2)
living apart without any cohabitation for two consecutive years.
II. To the party not in fault: (1) for abandonment for one year;
(2) living in adultery; (3) condemnation for felony within or
without the state; (4) concealment of any loathsome disease existing
at the time of the marriage, or contracting such afterwards; (5)
force, duress, or fraud in obtaining the marriage; (6) uniting with
any religious society whose creed and rules require renunciation
of the marriage covenant, or forbid husband and wife to cohabit.
III. To the wife, if not in like fault: (1) for confirmed habit
of drunkenness on the part of the husband of not less than one
year's duration, "accompanied with a wasting of his estate, and
without any suitable provision for the maintenance of his wife and
children;" (2) "habitually behaving toward her by the husband, for
not less than six months, in such cruel and inhuman manner as to
indicate a settled aversion to her, or to destroy permanently her
peace or happiness;" (3) "such cruel treatment or injury, or attempt
at injury, of the wife by the husband, as indicates an outrageous
temper in him, or probable danger to her life, or great bodily
injury from remaining with him." IV. To the husband: (1) when the
wife is pregnant by another man without the husband's knowledge
at the time of the marriage; (2) for habitual drunkenness on the
part of the wife of not less than one year's duration, if he is not
guilty of the same fault; (3) for adultery of the wife, or such
lewd, lascivious behavior on her part as proves her to be unchaste,
without actual proof of adultery committed.
A judgment of divorce in all cases "authorizes either party to marry
again;" but, by a unique provision, "there shall not be granted to
any person more than one divorce, except for living in adultery, to
the party not in fault, and for the causes for which a divorce may
be granted to both husband and wife." On joint application of the
parties, every judgment for a divorce may be annulled by the court
rendering it, they being restored to the condition of husband and
wife; but thereafter a second divorce cannot be obtained for the
same cause.
Public-domain text, read in full here on John Shaqi.
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