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
By the first statute of the period, it thus appears, a liberal
divorce policy was adopted by Pennsylvania, and besides, it should
be remembered, the courts were not the only source of relief. For
many years, as already seen, the assembly exercised jurisdiction
in divorce matters. After 1785 the first step in the practical
relaxation of the law was taken in 1804, when jurisdiction, hitherto
vested exclusively in the supreme court, was extended to the county
courts of common pleas, where it still remains.[391] Since that
date the progress of legislation has been rapid enough. Under the
existing law, as the result of a century's growth, not less than
eleven grounds of complete divorce are recognized. By the statute
of 1815, repealing the law of 1785, the four causes sanctioned by
the latter are re-enacted, the term of "malicious desertion and
absence from the habitation of the other"--as the clause is now
phrased--being reduced to two years; and it is further provided that
full dissolution of marriage may be decreed (5) when any husband,
by cruel and barbarous treatment, shall have endangered the life of
his wife; or (6) offered such indignities to her person as to render
her condition intolerable and life burdensome, thereby forcing
her to withdraw from his house and family.[392] Marriage within
the forbidden degrees of affinity or consanguinity (7) was made a
ground in the same year;[393] lunacy of the wife (8) came next in
1843;[394] and in 1854 divorce was sanctioned (9) when the alleged
marriage was procured by fraud, force, or coercion, and has not been
later confirmed by the acts of the person injured; (10) when the
wife, by cruel and barbarous treatment, has rendered the condition
of her husband intolerable or life burdensome; or (11) when either
spouse has been convicted for felony with imprisonment for more than
two years.[395] These eleven causes are still in force, although in
1903 a new law regarding the crimes of either spouse to constitute a
cause was adopted.[396]
[391] _Laws of the Com._, VII, 375.
[392] Act of March 13, 1815: in _Laws of Com._ (1822), VI, 286;
and PEPPER AND LEWIS, _Digest_ (1896), I, 1633.
[393] _Laws of the Com._ (1822), VI, 288; PEPPER AND LEWIS,
_Digest_, I, 1634. But when marriages within such degrees "shall
not have been dissolved during the lifetime of the parties, the
unlawfulness of the same shall not be enquired into after the
death of either husband or wife."
[394] By the act of April 13, 1843: _Laws_ (1843), 233; PEPPER
AND LEWIS, _Digest_, I, 1636, "where the wife is lunatic or _non
compos mentis_" a petition for divorce may be "exhibited by any
relative or next friend" who shall make the affidavit provided
for in other cases of divorce.
[395] Act of May 8: _Laws_ (1854), 644; PEPPER AND LEWIS,
_Digest_ (1896), I, 1635. When divorce is granted the husband for
the tenth cause, the wife may be allowed alimony according to his
circumstances.
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