Legal Status of Women in IowaWilson, Jennie L. (Jennie Lansley)
History
Legal Status of Women in Iowa
Wilson, Jennie L. (Jennie Lansley)
Women -- Legal status, laws, etc. -- Iowa
The district court where either party resides, has, jurisdiction of the
subject matter of this chapter. [§3411]. State legislatures have power
to grant divorces in all cases where such power has not been conferred
on the courts of the state by some constitutional provision or
legislative enactment. The legislature of this state has been deprived
of the power to grant divorces for any cause by Article 3, §27, of the
constitution, which provides that "no divorce shall be granted by the
general assembly." A divorce obtained from a court not having
jurisdiction is absolutely void. The residence necessary to give the
court jurisdiction must be permanent, or at least of a sufficient period
of time to indicate an intention of continued residence and
citizenship. The general rule is that the domicile of the wife and
children is to be considered the same as that of the husband, but in a
proceeding for divorce the law recognizes that husband and wife have
separate domiciles, and a valid divorce may be granted where only one of
the parties resides, but if they reside in different states, the court
having jurisdiction of the party making application for the divorce may
grant the decree, but it has no authority to make a decree as to the
custody of the children, if they are non-residents of the state where
the decree of divorce is rendered. A decree of divorce can always be set
aside for fraud in obtaining it.
[Sidenote: Petition.]
When the application for divorce is against a party not residing in this
state, the petition, in addition to the facts on account of which the
applicant claims the relief sought, must state that such applicant has
been for the last year a resident of the state, stating the town and
county in which he has resided, and the length of his residence therein,
after deducting all absences from the state; that he is now a resident
thereof; that such residence has been in good faith and not for the
purpose of obtaining a divorce only; and it must in all cases state that
the application is made in good faith and for the purpose set forth in
the petition. [§3412.]
[Sidenote: Verification. Evidence. Hearing.]
All the allegations of the petition must be verified by oath and proved
by competent evidence. No divorce shall be granted on the evidence of
the applicant alone, and all such actions shall be heard in open court
on the testimony of witnesses or depositions. [§3413.] No divorce can be
granted by consent of parties unless grounds therefor can be shown by
competent evidence, and if collusion or conrivance on the part of the
defendant can be shown, such fact will be a valid defense.
[Sidenote: Causes.]
Divorce from the bonds of matrimony may be decreed against the husband
for the following causes:
1. When he has committed adultery subsequent to the marriage;
2. When he wilfully deserts his wife and absents himself without a
reasonable cause for the space of two years;
3. When he is convicted of felony after the marriage;
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