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
[268] _Comp. Stat. of D. C._ (1894), 275, 276.
[269] MOORE, _Code of D. C._ (1902), 199, 200.
_c_) _Remarriage, residence, notice, and miscellaneous
provisions._--Throughout the century, and especially during the
first half, many of the southern states have been conservative, even
severe, regarding the liberty of the person offending to remarry
after full separation; but in very few cases is any restraint put
upon the further marriage of the person in whose favor the decree
is granted. The divorce acts passed by the assembly of Virginia
sometimes expressly forbid the guilty person to contract further
wedlock during the lifetime of the former spouse.[270] The law of
1848, when the marriage bond is dissolved on account of infidelity,
authorizes the court in its discretion to allow both parties to
remarry or only the injured person, as may seem just.[271] Such
substantially is the present law. "In granting a divorce for
adultery, the court may decree that the guilty party shall not marry
again; in which case the bond of matrimony shall be deemed not to
be dissolved as to any future marriage of such party, or in any
prosecution on account thereof. But for good cause shown, so much of
any decree as prohibits the guilty party from marrying again, may
be revoked and annulled at any time after such decree, by the same
court by which it was pronounced."[272] No restraint appears to be
put upon the immediate remarriage of persons separated for other
causes.
[270] See the cases already cited, _Acts_ (1826-27), 126.
[271] Act of March 18, 1848: _Acts of the Assembly_ (1847-48),
165, 166.
[272] _Code of Va._ (1887), 562.
The early statutes and the decrees for full divorce in individual
cases passed by the assembly of Maryland, by their silence on the
subject, appear to contemplate the further marriage of the persons
at pleasure. The law of 1872, however, is somewhat conservative.
"In all cases where a divorce _a vinculo matrimonii_ is decreed
for adultery or abandonment, the court may, in its discretion,"
forbid the guilty party to "contract marriage with any other person
during the lifetime" of the injured spouse, the bond of marriage not
being dissolved, but remaining in full force with respect to such
offender.[273] This restriction is now omitted from the code.[274]
In the District of Columbia the guilty person may not remarry except
with the former spouse.[275]
[273] Act of April 1: _Laws_ (1872), chap. 272, p. 445.
[274] The _Code of Md._ (1888) seems to be entirely silent as to
remarriage.
[275] _Comp. Stat. of D. C._ (1894), 275 ff., allowing entire
freedom; superseded by the act of 1901: MOORE, _Code_ (1902),
199, 200.
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