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
In all of the southern and southwestern states, except Louisiana
and, of course, South Carolina, a short term of residence is
required to qualify the plaintiff to bring suit. Virginia began with
a fairly cautious act in 1848. A definite term is not fixed; but a
petition for divorce must be brought in the court of the county,
city, or town where one of the parties lives, and when the plaintiff
has left the county or other place where the married persons dwelt
together, the "suit shall be instituted and heard in the court"
held for that same county, if the defendant lives there still. The
benefits of the act do not extend to any save _bona fide_ citizens
at the time of petition; nor to any case where the parties have
never lived together as citizens and as married persons in the
commonwealth; nor to any cause of adultery which shall have occurred
in any other state or country, unless the parties at the time of
such cause or before it took place were citizens of the state and
lived there together as husband and wife.[298] By the present
law no suit can be sustained unless one of the persons has been
domiciled in the state for at least one year before; and it must
be brought either in the county or corporation where the parties
last cohabited, or, at the option of the plaintiff, in that of the
defendant, if still a resident of the state; otherwise in the place
where the plaintiff dwells.[299]
[298] Act of March 18: _Acts of the Assembly_ (1847-48), 165, 166.
[299] _Code of Va._ (1887), 561.
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