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
[329] MOORE, _Code of D. C._ (1902), 201.
[330] _Rev. Civil Code of La._ (1888), 69.
[331] _Laws of Tex._ (1897), 49; _Code of N. C._ (1883), I, 516;
_Stat. of Okla._ (1893), 877, 878; WILSON, _Stat. of Okla._
(1903), II, 1123: _Acts and Res. of Fla._ (1885), 24.
[332] As by _Kentucky Stat._ (1894), 770, 771; _Digest of Ark._
(1894), 683; _Ann. Stat. of Ind. Ter._ (1899), 327; _Code of Va._
(1887), 562, 563; _Code of W. Va._ (1891), 614; _ibid._ (1900),
663.
_d_) _Alimony, property, and custody of children._--The statutes of
these states contain the usual provisions for the protection and
support of the wife and children during the suit for divorce; and
sometimes the husband is required to furnish money to defray the
wife's expenses in the same. The Virginia law authorizes the court
in term or the judge in vacation to make an order compelling the
"man to pay any sums necessary for the maintenance of the woman and
to enable her to carry on the suit, or to prevent him from imposing
any restraint on her personal liberty, or to provide for the custody
and maintenance of the minor children" during the litigation. In
the same way steps may be taken to preserve the estate of the
husband, "so that it may be forthcoming to meet any decree," even
compelling him to give security to abide by the decision.[333] North
Carolina also grants the wife alimony _pendente lite_; but an order
allowing it shall not be made "unless the husband shall have had
five days' notice;" and in all cases of application for alimony it
is admissible for him to be heard by affidavit in answer to the
allegations made by the complainant. If he has abandoned his wife
and left the state, or is in parts unknown, or is about to remove
or dispose of his property for the purpose of defeating her claims,
a notice is not required.[334] Arkansas and Indian Territory allow
similar support during the suit, including attorney's fees.[335] By
the Louisiana statute, "if the wife who sues for a separation" from
bed and board, or for a divorce, "has left or declared her intention
to leave the dwelling of her husband, the judge shall assign the
house wherein she shall be obliged to dwell until the determination
of the suit." She "shall be subject to prove her said residence as
often as she may be required to do so, and in case she fails so to
do, every proceeding on the separation shall be suspended." She is
entitled to alimony _pendente lite_, if she constantly resides in
the house assigned; and during the action, for the preservation
of her rights, she may require an inventory and appraisement to
be made of the property in the husband's possession and demand an
injunction restraining him from disposing of any part thereof. After
the commencement of the suit the husband may not contract a debt
on account of the community, nor sell the immovables belonging to
the same; such alienation being void, if made "with the fraudulent
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