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
[242] Act of March 19: _Acts_ (1827), 130-35; also in _Civil
Code_ (1853), 19, 20. Such is still the law, except as to the
term between the decrees.
[243] Act of April 2: _Acts_ (1832), 152; also in _Civil Code_
(1853), 20, 21.
[244] _Acts_ (1855, March 14), 376.
[245] Act of March 16: _Acts_ (1857), 137; VOORHIES, _Rev. Stat.
Laws_ (1876), 313.
[246] Compare the act of March 9: _Acts_ (1870), 108; with _Acts_
(1877), 192. VOORHIES, _op. cit._ (1884), 204-6, gives the law
regarding the causes of divorce just as _ibid._ (1876), 312-14;
and _ibid._ (1870), 18 ff.
For the sake of convenience, the present law of Louisiana covering
the grounds of divorce--whose evolution was thus completed in
1870--may now be summarized. Absolute divorce, without need of a
previous decree of separation, is permitted where the husband or
wife may have (1) been sentenced to an infamous punishment; or
(2) been guilty of adultery.[247] A limited divorce, which may
be followed in each case by a total divorce after one year, is
authorized (1) for adultery on the part of either spouse; (2) when
the other party has been condemned to an infamous punishment; (3) on
account of the habitual intemperance of one of the married persons;
(4) excesses, cruel treatment, or outrages of one of them toward the
other; (5) for public defamation; (6) for abandonment on the part
of one of the married persons; (7) for an attempt of one of them
against the life of the other; (8) when the husband or wife has been
charged with an infamous offense and shall have fled from justice,
on producing proof of the actual guilt or flight.[248] An important
modification was made in 1898. The person in whose favor a limited
divorce has been rendered may apply and get a full divorce in one
year, while the adverse party must wait two years before fore he can
secure a similar decree, in the meantime the wife's right to alimony
remaining unimpaired.[249]
[247] As in 1827, in these cases, a divorce may be "granted in
the same decree which pronounces the separation from bed and
board."
[248] _Rev. Civil Code_ (1888), 68 ff.; _ibid._ (1897), 305,
306; _ibid._ (1870), 18 ff. _Cf._ WRIGHT, _Report_, 97, 98.
The habitual intemperance (Cause 3) and cruel treatment (Cause
4) must still be of "such a nature as to render their living
together insupportable."
"The abandonment (Cause 6) with which the husband or wife is
charged must be made to appear by the three reiterated summonses
made to him or her from month to month, directing him or her to
return to the place of the matrimonial domicile and followed by
a judgment which has sentenced him or her to comply with such
request, together with a notification of the said judgment,
given to him or her from month to month for three times
successively."--_Rev. Civil Code_ (1888), 70.
[249] Act of July 4, 1898: _Acts of the Assembly_, 34.
Public-domain text, read in full here on John Shaqi.
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