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
Separation from bed and board may originally have been obtainable
in Kentucky under the common law:[191] but it does not seem to be
noticed by any of the early statutes. For the first time, by the
present code, it may be granted on any of the grounds which warrant
a total divorce, or for "such other cause as the court in its
discretion may judge sufficient."[192]
[191] HUMPHREY, _Compendium of the Common Law, in Force in Ky._,
135, above cited.
[192] For the present law of divorce see _Ky. Stat._ (1903),
846-51; and compare the act of March 2, 1843: _Acts_ (1842-43),
29, 30.
Previous to 1842 the function of the Maryland courts in divorce
matters was restricted to the preparation of cases for the
legislature. By the act of that year full, though not exclusive,
jurisdiction in both kinds of divorce is conferred upon the
chancellor and upon the county courts sitting as equity tribunals.
Divorce _a vinculo_ is permitted (1) for impotence of either person
at the time of the marriage; (2) "for any cause which by the laws
of the state renders a marriage null and void _ab initio_;" (3) for
adultery; (4) for abandonment with absence from the state for five
years. The causes for which divorce _a mensa et thoro_ is granted
are (1) cruelty of treatment; (2) excessively vicious conduct; (3)
abandonment and desertion; (4) in all cases where a total divorce
is prayed for, if the causes proved be sufficient for such limited
decree under the act.[193] In 1844 the term of absence as cause of
complete divorce is reduced to three years.[194] Three years later a
fifth cause appears. Complete dissolution of wedlock is now allowed
when the female before marriage has been guilty of illicit carnal
intercourse with another man without the husband's knowledge.[195]
The five grounds of total divorce thus recognized are the only
ones still sanctioned by the existing code; although under the
fourth head it is provided, in more detail, that a decree shall be
rendered only when the court is satisfied by competent testimony
that there has been uninterrupted abandonment for at least three
years, that such abandonment is deliberate and final, and that the
separation of the parties is "beyond any reasonable expectation
of reconciliation."[196] Likewise the same four causes of partial
divorce, laid down in 1842, still appear in the statute-book, and
in such cases the decree may be "forever" or "for a limited time,"
as shall seem just to the court. The equity tribunals now possess
exclusive jurisdiction in all divorce matters.[197]
[193] _Code of Md._ (1888), I, 143.
[194] Act of March 1, 1842: _Laws_ (1841-42), chap. 262.
[195] _Laws_ (1844), chap. 306.
[196] _Laws_ (1846-47), chap. 340 (act of March 10, 1847);
MACKALL, _Maryland Code_ (1861), I, 74, 75. The causes of limited
divorce and the other provisions of the act are the same as in
that of 1842.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account