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
The history of divorce in Georgia has already been brought down to
1849, when resort to the assembly was finally forbidden. By the act
of the next year specific causes for either kind of divorce are for
the first time enumerated. After obtaining the concurrent verdict
of two juries a total divorce may be decreed for (1) intermarriage
within the Levitical degrees of consanguinity; (2) mental incapacity
or (3) impotency at the time of the marriage; (4) force, menace, or
duress in obtaining the marriage; (5) pregnancy of the woman at the
time of the marriage by another man without the husband's knowledge;
(6) adultery in either of the persons after marriage; (7) wilful and
continued desertion for the term of three years; (8) conviction of
either spouse of an offense involving moral turpitude, under which
the offender is sentenced to imprisonment in the penitentiary for
two years or longer. Besides these, certain "discretionary" grounds
are approved. In case of cruel treatment or habitual drunkenness
on the part of either, the jury in its discretion may determine
whether the divorce shall be absolute or limited. A general clause
declares that all grounds other than those named in the act shall
"only be cause for divorce from bed and board." In case of adultery,
desertion, cruel treatment, or intoxication, a decree may not be
granted when there is collusion or both parties are guilty of the
same offense.[209] At the beginning of the century, the law of 1850,
so far as the causes of full divorce and the discretionary grounds
are concerned,[210] is still in force; while, in addition, the
present statute simply authorizes a separation from bed and board on
"any ground which was held sufficient in the English courts prior
to the fourth of May, 1784."[211] By the existing constitution the
superior court still has jurisdiction; and for total dissolution of
wedlock the concurrent verdicts of two juries at different terms of
the court are essential to a decree.[212]
[209] Act of Feb. 22, 1850: COBB, _Digest_ (1851), 226; _Acts_
(1849-50), 151, 152.
[210] Except that "fraud" is added to the fourth cause.
[211] _Code of Ga._ (1896), II, 224 ff. Instead of "Levitical,"
"prohibited" degrees is now used.
[212] Const. of 1877, Art. VI, secs. 4, 15, 16: _N. Y. Convention
Manual_, Part II, Vol. I, 427, 431. _Cf._ Const. of 1865, Art.
IV, sec. 2; 1868, Art. V, secs. 2, 3: POORE, _Charters_, I, 409,
420, 422.
In case of partial divorce one jury is sufficient: Const. of
1877, Art. VI, sec. 15; and such seems to have been the earlier
practice: 16 _Ga._, 81; _Code of Ga._ (1882), 394, note. A juror
may be challenged for "conscientious scruples" regarding divorce:
_Code_ (1882), 397. This last-named provision appears in the act
of Dec. 22, 1840: COBB, _Digest_ (1851), 225, 226.
Public-domain text, read in full here on John Shaqi.
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