A History of Matrimonial Institutions, Vol. 3 of 3 — John Shaqi
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
[11] Act of Feb. 18, 1829: _Laws of the Com. of Mass., 1828-31_
(1831), 83, 84.
[12] The causes of divorce _a mensa et thoro_ remain unaltered in
_Rev. Stat. of the Com. of Mass., 1835_ (1836), 480.
[13] _Supp. to Gen. Stat. of the Com. of Mass., 1860-72_, I (2d
ed., Boston, 1873), 871 (act of June 23, 1870).
Chief interest, therefore, centers in the history of divorce from
the bond of wedlock. To the two grounds of dissolution originally
permitted new causes were added from time to time. Thus in 1835 the
confinement of either spouse at hard labor under penal sentence for
a period of seven years or more is declared sufficient for such a
divorce; and a pardon granted to the guilty person will not work a
restoration of conjugal rights.[14] Utter and wilful desertion for a
term of five years came next in 1838;[15] and in 1850 a fifth cause,
probably relating to the Shakers, was added. If either partner,
it is declared, shall leave the other without consent and join a
"religious sect or society that believes, or professes to believe,
the relation between husband and wife void or unlawful," and there
remain for three years, such act shall be deemed in behalf of the
injured person a "sufficient cause of divorce from the bond of
matrimony."[16]
[14] _Rev. Stat._ (1836), 480. Impotency is also sanctioned; but
this was already allowed by the act of 1786.
[15] Act of April 17, 1838: _Laws of the Com. of Mass._ (1838),
415.
[16] Act of March 20, 1850: _Supp. to Rev. Stat., 1836-53_, I,
592.
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