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 basis of the existing law of Alabama was laid in the act of
1852, although important additions to the causes were subsequently
made. The court of chancery now has power to grant a divorce from
the bond of wedlock according to the following complex scheme: I.
In favor of either spouse: (1) when at the time of the contract the
other is "physically and incurably incapacitated from entering into
the marriage state;" (2) for adultery; (3) for voluntary abandonment
for two years; (4) for imprisonment in any state penitentiary for
two years, the sentence being for seven years or longer; (5) for
a crime against nature; (6) for "becoming addicted after marriage
to habitual drunkenness."[219] II. In favor of the husband: for
pregnancy of the wife, as provided in 1843. III. In favor of the
wife: "when the husband has committed actual violence on her person,
attended with danger to life or health, or when from his conduct
there is reasonable apprehension of such violence." The chancellor
is further authorized to decree a separation from bed and board for
cruelty[220] in either of the consorts, or for any cause which will
justify a decree from the bonds of matrimony, if the person applying
therefor desires only a partial divorce.[221]
[219] _Code of Ala._ (1887), 253; _ibid._ (1897), 491-95. The
first four of these causes appear in _Code_ (1852), 378; the
fifth and sixth in the act of 1870.
[220] For interpretation of "cruelty" see 23 _Alabama_, 785;
27 _Alabama_, 222; 28 _Alabama_, 315; 30 _Alabama_, 714; 44
_Alabama_, 670, 698.
[221] _Code of Ala._ (1887), 524-26; _ibid._ (1897), 492. The
causes of full divorce mentioned under II and III appear in
_Code_ (1852), 378.
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