Broken Homes: A Study of Family Desertion and its Social TreatmentColcord, Joanna C. (Joanna Carver)
General
Broken Homes: A Study of Family Desertion and its Social Treatment
Colcord, Joanna C. (Joanna Carver)
Desertion and non-support
If none of the elements is present in the home out of which family life
can be reconstructed, if the man's self-indulgence and cruelty have been
proved beyond any doubt, or if affection is dead or never existed, then
the decision may have to be that no reconciliation be attempted. In many
cases the question then is how best to protect the woman and children
against the man's forcing his way upon them. Court intervention is
usually necessary here, if it has not already taken place; and a first
step is to have the husband placed under a court order to give separate
support and to stay away from his home.[33] The wife should be armed
with a warrant for his arrest, which can be served by the policeman on
the beat if the man appears. Such a man usually considers that his
proprietorship of the home and the family is not affected by his absence
or even by court orders, and when fortified by liquor he is likely to
force his entrance into the home and perhaps do harm. The protection of
the warrant is not absolute; in such cases as this it ought later to be
reinforced by a legal separation. Social workers avail themselves of
this resource far less than they should. It controverts the principles
of no religious sect and gives all the protection of absolute divorce
(including the payment of alimony) to the woman and children. To the
children it is likely to give more protection than divorce; for in the
event of the divorced husband's remarriage the children of the second
wife have prior rights over those of the first, and legal separation
makes this impossible by preventing the remarriage of either party.
Proceedings for a legal separation cannot usually be started if a man is
on probation, but may be while he is undergoing imprisonment. It should
be said that, after a separation, claims for non-payment of alimony
cannot, in many states, be pressed in a court of domestic relations but
must go to a civil court. This is usually more expensive and less
satisfactory.[34]
Public-domain text, read in full here on John Shaqi.
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