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
New Jersey, whose early history ran so closely parallel to that of
New York, has during the century pursued a policy regarding divorce
more liberal than that of the neighboring commonwealth. As so often
happens, the act of 1794 confuses the grounds of annulment with
those of divorce proper. The court of chancery is authorized to
decree "divorces from the bond of matrimony" (1) when the husband
and wife are within the prohibited degrees of kinship; (2) for
adultery; (3) for "wilful, continued, and obstinate desertion for
the term of seven years;" or (4) when either person had a lawful
spouse living at the time of the later marriage, although the
statute inconsistently declares such unions "invalid from the
beginning" and "absolutely void." This last-named provision is still
in force.[380] By the law of 1794, moreover, separation from bed
and board is sanctioned for "extreme cruelty" in either spouse.[381]
[380] _Gen. Stat. of N. J._ (1896), II, 1267.
[381] Act of Dec. 2, 1794: PATERSON, _Laws of N. J._ (1800), 143,
144.
A new statute appears in 1820. The conditions as to residence are
now defined; the court of chancery may grant absolute dissolution
of wedlock for the same causes as in 1794; and separation from bed
and board is still permitted for extreme cruelty, but now it may be
decreed, "forever, or for a limited time."[382] In the revision of
the divorce laws approved April 15, 1846, the term of wilful and
continued desertion is reduced to five years;[383] in 1857 two years
more are lopped off;[384] and finally a statute of 1890 declares
a period of two years' such desertion sufficient to constitute a
ground of full divorce.[385]
[382] Act of Feb. 16, 1820: _Laws of N. J._ (1821), 667-69.
[383] _Stat. of N. J._ (1847), 923.
[384] Act of March 20: _Acts_ (1857), 399. The law of 1846 is
retained in ELMER, _Digest_ (2d ed. by NIXON, Philadelphia,
1855), 205-8.
[385] Act of March 5: _Pub. Laws_ (1890), 34; _Gen. Stat._
(1896), II, 1274.
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