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
[240] On the allegations necessary see Johnson _v._ Johnson,
23 _Florida_, 413; Burns _v._ Burns, 13 _Florida_, 369; and on
what does not constitute a cause, Crawford _v._ Crawford, 17
_Florida_, 180.
The Louisiana code of 1808 provides for the annulment of marriage
on legal grounds; and allows separation from bed and board (1) for
adultery of the wife; or (2) for that of the husband "when he has
kept his concubine in their common dwelling;" (3) when either has
been guilty of excesses, cruel treatment, or outrages toward the
other, if the ill-treatment is of such a nature as to render their
living together insupportable; (4) on account of a public defamation
by one of the married persons toward the other; (5) for abandonment;
or (6) an attempt upon the life of the other by either spouse.[241]
[241] _Digest of Civil Laws Now in Force_ (1808), 26, 28, 30;
also _Code Civil_ (1825), 80, 87-91; LISLET, _Gen. Digest_, II, 3
ff.; _Civil Code of La._ (1853), 19.
In 1827 the "district courts throughout the state and the parish
court of New Orleans" were given "exclusive original jurisdiction
in cases of divorce," with appeal to the supreme court. They were
authorized to grant total divorce (1) for adultery of the wife;
or (2) for that of the husband "when he has kept his concubine in
the common dwelling, or openly and publicly in any other;" (3)
for excesses, cruel treatment, or outrages, as conditioned for
separation in 1808; (4) condemnation of either married person to
an "ignominious punishment;" (5) abandonment for five years when
the offender has "been summoned to return to the common dwelling,"
as is provided for in cases of separation from bed and board. It
is, however, especially declared that, except when the cause is
adultery or ignominious punishment, no full divorce shall be granted
"unless a judgment of separation from bed and board shall have been
previously rendered," and unless two years shall have thereafter
expired without reconciliation. But in the two cases excepted above
a "judgment of divorce may be granted in the same decree which
pronounced the separation from bed and board."[242] The fifth cause
approved in 1827 was supplemented by a new ground in 1832. Whenever
either spouse is charged with an infamous crime and is a fugitive
from justice beyond the state, a total divorce may be claimed by the
other, without need of a previous decree of separation, on producing
evidence of the actual guilt and flight of the accused.[243]
"Habitual intemperance" on the part of either husband or wife was
added to the list in 1855;[244] and in 1857 the time which must
elapse between the decrees for partial and full divorce was reduced
to one year.[245] An "omnibus" clause comes next in 1870, complete
dissolution of wedlock being then permitted "for any such misconduct
repugnant to the marriage covenant as permanently destroys the
happiness of the petitioner;" but it was repealed in 1877.[246]
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