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 new cause was added in 1819, the husband being allowed a total
divorce when the woman at the time of the marriage was pregnant with
a "child of color."[203] The act of 1835 recognizes practically
the same causes for limited divorce as were prescribed in 1799,
although they are differently expressed; and the separation may
now be granted "forever" or for a "limited time," as shall seem
just and reasonable to the court. By this statute likewise the
grounds of total divorce are in substance identical with those of
1799, except that a new cause is added. Whenever a person has in
good faith removed to the state and become a citizen thereof, and
has resided there two years, he may secure a total divorce should
his wife wilfully and without reasonable cause refuse to accompany
him; provided he proves that he earnestly tried to get her to live
with him after separation and that he did not come to the state for
the sake of procuring the divorce.[204] So also in 1840 a female of
good character who has resided in the state during the two years
next preceding her petition, may be released from her husband for
desertion during that period, or for any legal cause of divorce,
although such cause may have accrued in another state.[205] Four
years thereafter it is declared that a marriage may be dissolved
when one party is "guilty of an attempt upon the life of the
other," either by trying to poison, "or by any other means shewing
malice."[206]
[203] _Laws_ (1819), chap. 20; _Stat. Laws_ (1831), I, 76.
[204] _Laws_ (1835), cited in CARUTHERS AND NICHOLSON,
_Compilation of the Stat. of Tenn._ (1836), 257-62.
[205] Act of Jan. 7, 1840: _Acts_ (1839-40), chap. 54, p. 90.
[206] Act of Jan. 27, 1844: _Acts_ (1843-44), chap. 176, pp. 200,
201.
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