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 time of residence for the petitioner is three years in the
District of Columbia; and two years in Florida.[308] It is also two
years in Tennessee, although the acts complained of were committed
out of the state, or the petitioner lived out of the state at the
time, and no matter where the defendant resides. A decree of divorce
in a foreign state granted to a citizen of Tennessee who has merely
temporarily transferred his residence there is void and will not
be recognized.[309] In Maryland, since 1842, a divorce will not be
granted when the cause occurs outside of the state, unless either
the plaintiff or the defendant has resided in the state for the two
preceding years.[310] By the North Carolina act of 1814 a stringent
rule was adopted, only a citizen resident in the state for three
years being allowed to sue.[311] At present the plaintiff must show
that the facts constituting the ground for divorce have existed
for at least six months prior to filing the complaint, and that
he has been a resident of the state for the preceding two years;
and if the wife be plaintiff, she may set forth "that the husband
is removing or about to remove his property and effects from the
state, whereby she may be disappointed in her alimony."[312] But
in case of desertion the term of previous residence is five years.
The period of previous residence for the plaintiff is six months in
the state and county in Texas;[313] one year within the territory
in New Mexico, Arizona, and Oklahoma;[314] while in Missouri it is
one year, unless the offense or injury complained of was committed
within the state, or when one or both of the persons resided there.
In all cases when the proceedings are _ex parte_, the court "shall,
before granting the divorce, require proof of the good conduct of
the petitioner and be satisfied that he or she is an innocent or
injured" person.[315] In Arkansas and Indian Territory the plaintiff
must "allege and prove" (1) "residence in the state for one year
next before the commencement of the action:" (2) that the cause of
divorce occurred or existed in the state, or, if out of the state,
either that it was a legal cause there or that the applicant's
residence was then in the state; (3) that the cause of divorce
occurred or existed within five years before the suit began.[316]
One year's residence is likewise required in Porto Rico, unless the
act complained of was committed in the island or while one of the
consorts resided there.[317]
[308] _Rev. Stat. of Fla._ (1892), 504. But by the act of May 19,
1899, "when the defendant has been guilty of adultery in this
state," then any citizen of the state, being the aggrieved, may
get a divorce at any time, the two years' previous residence not
being required: _Acts and Res._ (1899), 117. _Cf._ _Comp. Stat.
of D. C._ (1894), 276, requiring two years; superseded by the act
of 1901: MOORE, _Code_ (1902), 200.
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