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
The same rule as that of the parent state has existed in West
Virginia since 1882, when a year's residence of one of the persons
instead of mere residence at the time of the filing of the suit was
introduced.[300] In Georgia twelve months in the state and six in
the county for a divorce of either kind are required.[301] By the
laws of Kentucky and Arkansas the term of previous residence for the
plaintiff is also one year; and if the cause for divorce arose or
existed without the state, he must have been a resident of the state
at the time, unless it was also a ground of divorce where it existed
or arose. In each of these states "an action for divorce must be
brought within five years next after the doing of the act complained
of."[302] In Alabama, when the defendant lives outside the state,
the plaintiff must have been a _bona fide_ resident for one year
before bringing the action; or for three years when abandonment
is the cause alleged.[303] Since 1822 in Mississippi the term of
residence in the state for the applicant has been one year;[304]
although, in 1857, a divorce shall be denied when the parties have
never lived together as husband and wife in the state; as also for a
cause occurring elsewhere, unless prior to its occurrence they have
so dwelt together in the commonwealth. This last restriction does
not apply to a _bona fide_ citizen who marries abroad and does not
discover the cause of divorce until after return to the state; but
in case of desertion the term of _bona fide_ residence must be three
years.[305] An important change was introduced in 1863. It is then
sufficient to be a citizen of the state or a resident of it for one
year; but the applicant must make affidavit that he has not taken up
residence to obtain a divorce.[306] By the existing code the courts
of chancery may exercise jurisdiction only (1) when both persons
are domiciled in the state when suit is commenced; or (2) when the
complainant is so domiciled and the defendant is personally served
with process in the state; or (3) when one of the consorts is thus
domiciled and one or the other of them an actual resident for one
year before action began.[307]
[300] _Code of W. Va._ (1900), 662; _Acts_ (1882), chap. 60.
[301] Act of Oct. 20, 1891: _Acts_ (1890-91), 235.
[302] _Ky. Stat._ (1894), 769, 770; _Digest of Ark._ (1894), 681.
_Cf._ WRIGHT, _Report_, 80.
[303] _Code of Ala._ (1887), 525; _ibid._ (1897), 493.
[304] Act of June 15, 1822: _Code of Miss._ (1848), 495.
[305] _Rev. Code_ (1857), 335.
[306] Act of Dec. 1, 1863: _Laws_ (1862-63), 125, 126.
[307] _Ann. Code of Miss._ (1892), 421.
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