In these days, however, when the supremacy of law is universally
recognised, such an informal process cannot be tolerated; and
formalities as full as at marriage must be gone through. For divorce
in its simplest form judicial intervention is not needed. It is enough
that the parties agree to separate. All that is necessary is to make
a declaration attested by two reputable witnesses at the local office
that the divorce takes place by mutual consent. If there is sufficient
cause which would be recognised by a court of justice, the offending
party would readily consent to this form of divorce, for few people
would care to wash their soiled linen in public when the same end
could be gained more quietly in private. Hence, judicial divorces
are comparatively rare. The attestation of two witnesses is of
considerable use in preventing rash divorces made in a moment of
passion and repented immediately after, as the witnesses who may be
expected to be cooler-headed than the principals, would do their best
to patch up the quarrel or difference before finally setting their
seal and signature to the deed of divorce. Moreover, if the parties
are under twenty-five years of age, they must obtain the consent of
those persons, that is, parents, guardians, or family councils, whose
consent would be necessary for a marriage in which the bride is under
twenty-five years of age and the bridegroom under thirty. In a divorce
the domicile of the wife or the adopted husband is re-transferred from
the domicile of the family into which they were married to that
of their original family; the process is reverse of that required upon
marriage. In a divorce by mutual consent the request for re-transfer
is voluntarily made by the parties concerned, while in a judicial
divorce, since the appeal to law is made in consequence of the refusal
of one of the parties to sign the request to the local office, the
re-transfer is made by order of the court.
Public-domain text, read in full here on John Shaqi.
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