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
A later statute, somewhat more cautiously, allows the district court
to decree a total divorce (1) when the husband or wife is guilty
of excesses, cruel treatment, or outrage toward the other, whether
by the use of personal violence or any other means; (2) in favor
of the husband when his wife shall have been taken in adultery; or
(3) when she has voluntarily left his bed and board for the space
of six months with the intention of abandonment; (4) in favor of
the wife when the husband has left her for the same time with a
like motive; (5) for his habitual intemperance; (6) for his wilful
neglect to provide the necessaries or comforts of life during the
same period, having sufficient ability, or failing to do so by
reason of his idleness, profligacy, or dissipation; or (7) when he
shall be taken in adultery; (8) in favor of either spouse when the
other has been convicted after marriage of a felony and confined in
any prison. Suit on the last-named ground cannot be sustained until
six months after final judgment, nor when the husband or wife was
convicted on the testimony of the other.[257] This law is superseded
by the act of 1903. Absolute divorce may now be granted on complaint
of the aggrieved for (1) adultery; (2) physical incapacity; (3)
conviction and imprisonment for felony, provided that suit may not
be sustained until one year after judgment and that conviction has
not been had on the testimony of either spouse; (4) wilful desertion
for one year, or for habitual intemperance; (5) excesses, cruel
treatment, or outrages, whether by the use of personal violence or
any other means; (6) to the wife for the husband's neglect for one
year to provide her with common necessaries of life, having the
ability, or his failure to do so because of idleness, profligacy,
or dissipation; (7) to either for the other's conviction of felony
before marriage without the innocent person's knowledge; (8) to the
husband when without his knowledge the wife was pregnant by another
man at the time of the marriage.[258]
[257] _Rev. Stat. of Ariz._ (1887), 373, 374; _cf._ WRIGHT,
_Report_, 90. By the act of 1871 the period of desertion is fixed
at one year; and it is two years by the _Howell Code: Compiled
Laws_ (1871), 298, 304.
[258] _Rev. Stat. of Ariz._ (1901), 812-15; amended by _Acts_
(1903), 52.
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