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
[282] For instance, see HOTCHKISS, _Codification_ (1845), 331;
COBB, _Analysis_ (1846), 294 ff.; COBB, _Digest_ (1851), 226 ff.
[283] _Acts_ (1872), 14; _ibid._ (1879), 51; also in _Code of
Ga._ (1896), II, 29, 30. A "verdict of divorce in 1866 will not
authorize the guilty party to marry again without proof of a
decree of court authorizing to marry."--62 _Ga._, 408.
By the Tennessee statute of 1799 no restraint is put upon immediate
remarriage in any case of divorce, except where the cause is
infidelity, when the guilty defendant may not marry the person
with whom the crime was committed during the lifetime of the
former spouse.[284] This provision still appears unchanged in the
code.[285] The offender is dealt with in precisely the same way
by the Kentucky law of 1809; and by it also the injured spouse is
permitted to marry again only after two years.[286] In 1820 the
innocent person is relieved from all restraint;[287] both parties
are treated as "single" persons in 1843;[288] and likewise by
the present statute, in all cases of divorce, no matter what the
cause, guilty and innocent alike are absolutely free to form new
marriages whenever it shall please them so to do.[289] The same
freedom exists in Arizona, New Mexico, Arkansas, Indian Territory,
Texas, West Virginia, and Missouri; although in the last-named
state until 1885 the guilty defendant was not permitted to remarry
for five years, "unless otherwise expressed in the decree of the
court."[290] Since 1857, in Mississippi, by a more stringent clause
"the decree may provide, in the discretion of the court, that a
party against whom a divorce is granted because of adultery shall
not be at liberty to marry again;" but the freedom of the successful
plaintiff is unrestrained.[291] In 1824 the Alabama assembly in all
cases forbade the guilty person to remarry; but this prohibition was
removed by an act of February, 1870, which, however, lasted only
until April, 1873, when it in turn was repealed. By the existing
code the chancellor in making his decree may, according to the
evidence and nature of the case, direct whether the party, against
whom the decree is rendered, shall be permitted to marry again;
and in decrees now or hereafter rendered, when no order is made
allowing or disallowing the divorced person to remarry, he may on
petition and proper proof allow or disallow the petitioner to form a
new marriage.[292] It is constituted bigamy in Oklahoma for either
divorced person to remarry within six months after the divorce, or
until thirty days after final judgment, if appeal be taken. Every
decree of divorce shall recite that it "does not become absolute and
take effect until the expiration of six months" from the day when it
was rendered.[293] According to the Louisiana law, since 1808--at
least until 1888--the wife cannot remarry until ten months after
dissolution of the contract, whether by death, divorce, or decree
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