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
With some further important changes in 1858 and 1868, the law of
Tennessee, as it now stands, was completed. Ten causes of absolute
divorce are at present sanctioned: (1) natural and continued
impotency of body; (2) knowingly entering into a second marriage
in violation of a previous contract still existing; (3) adultery
by either spouse; (4) "wilful or malicious desertion, or absence
of either party without a reasonable cause for two whole years;"
(5) conviction of any crime which by the laws of the state renders
the offender infamous; or (6) which by the same law is declared to
be a felony, with sentence to confinement in the penitentiary; (7)
an attempt upon the life of husband or wife by poison or any other
means showing malice; (8) refusal on the part of the wife to remove
with her husband to the state, wilfully thus absenting herself for
two years; (9) pregnancy at the time of the marriage by another
man without the husband's knowledge; (10) habitual drunkenness,
when either spouse has contracted the habit after marriage.[207] A
limited divorce, or a total divorce in the discretion of the court,
may be granted to the wife (1) when the husband is guilty of cruel
and inhuman treatment; or (2) of such conduct as renders it unsafe
and improper for her to cohabit with him and be under his dominion
and control; (3) when he has offered such indignities to her person
as to render her condition intolerable and thereby forced her to
withdraw; (4) when he has abandoned her; or (5) turned her out of
doors and refused or neglected to provide for her support.[208]
These causes, it will be noticed, are very nearly the same in
substance as those named in 1799; and, as in 1819, separation may
still be decreed for a limited time.
[207] _Code of Tenn._ (1884), 611; SHANNON, _Code_ (1896), 1042.
The fifth and sixth causes appear in _ibid._ (1858), 483; the
tenth, in _Acts_ (1867-68), chap. 68.
[208] _Code of Tenn._ (1884), 611, 612. In SHANNON, _Code_
(1896), 1043, these are combined under three heads.
Public-domain text, read in full here on John Shaqi.
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