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
[197] _Laws_ (1888), chap. 486, modifying an act of 1872, chap.
272, which is the basis of the present law in _Code of Md._
(1888), I, 142, 143.
The North Carolina statute of 1814 allows the superior court to
grant either kind of divorce (1) for bodily infirmity, or (2) for
desertion and living in adultery. Separation from bed and board is
likewise sanctioned when "any person shall either abandon his family
or maliciously turn his wife out of doors, or by cruel or barbarous
treatment endanger her life, or offer such indignities to her person
as to render her condition intolerable or life burdensome."
Previous to 1827, as already noted, the judicial decree for partial
divorce was final, while that for absolute dissolution of the
marriage bond must be confirmed by the assembly. On the abolition
of legislative divorce in that year a provision was inserted in
the statute which seems to have had the effect of an "omnibus"
clause. "All applications for other causes than those specified"
in the act of 1814 for either kind of divorce "shall be subject
to the rules and regulations provided in said act for the causes
therein mentioned," thus giving the judiciary the full range which
the assembly had hitherto possessed.[198] Later this clause took
a simpler form, the courts being empowered to grant divorces on
the grounds named in 1814 and for "any other just cause."[199]
Six grounds subsequently added are retained in the present law.
The superior courts are now authorized to decree absolute divorce
(1) "if either party shall separate from the other and live in
adultery;" (2) "if the wife shall commit adultery;" (3) "if either
party at the time of the marriage was and still is naturally
impotent;" (4) "if the wife at the time of the marriage be pregnant"
by some other man and the husband be ignorant of the fact; (5) "if
the husband shall be indicted for a felony and flee the state
and does not return within one year from the time the indictment
is found;" (6) "if after the marriage the wife shall wilfully and
persistently refuse" marital duty for twelve months; (7) if either
spouse shall abandon the other and live separate and apart for
two years; and (8) in favor of the wife, being a citizen of the
commonwealth at the time of the marriage, if the husband shall
remove with her to another state, and while living with her there
shall by cruel or barbarous treatment endanger her life or render
her condition intolerable or burdensome, should she return to North
Carolina and there reside separate and apart from the husband for
the period of twelve months.[200] A divorce from bed and board may
be granted (1) if either spouse shall abandon his or her family; (2)
or shall maliciously turn the other out of doors; (3) or shall by
cruel or barbarous treatment endanger the life of the other; (4) or
shall offer such indignities to the person of the other as to render
his or her condition intolerable and life burdensome; (5) or shall
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