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
4. When, after marriage, he becomes addicted to habitual drunkenness;
5. When he is guilty of such inhuman treatment as to endanger the life
of his wife. [§3414.]
A previous law of our state provided that when it was fully apparent to
the court that the parties could not live in peace and happiness
together, and that their welfare required a separation, a decree of
divorce might be granted, but no valid divorce can now be granted for
any other cause than for some one of those enumerated above; and this is
true, although it may plainly appear that a party has wholly disregarded
his marriage vows and obligations in various other ways.
[Adultery.]
As the direct fact of adultery can seldom be proved, when a divorce is
asked on this ground, it will be sufficient if the fact can be shown by
circumstances which would be inconsistent with any rational theory of
innocence, and such as would lead the guarded discretion of a just mind
to the conclusion of the truth of the facts. The disposition of the
parties may be shown, with the fact of their being together and having
an opportunity to commit the act.
[Sidenote: Desertion.]
A reasonable cause for desertion must be some wrongful conduct on the
part of the other party, and must be of such a serious nature that it
would _prima facie_ entitle the party deserting to a divorce. If husband
and wife mutually agree to separate, such separation will not constitute
ground for divorce, unless the party applying for the divorce, in good
faith expresses a desire to live with the other. Where the wife is
compelled to leave her husband on account of inhuman treatment, such as
would entitle her to a divorce, such desertion cannot be made the basis
of proceedings for divorce by the husband, for in such case he and not
she is guilty of desertion, and this may be alleged by the wife, with
other causes, in seeking a divorce. A wife may be justified in leaving
her husband because of his failure to protect her from insult and abuse,
and when she leaves him for this cause, her desertion will not be
grounds for divorce.
[Sidenote: Felony.]
A conviction for felony which may be subject to reversal does not
constitute ground for divorce, but such conviction must be final and
absolute.
[Sidenote: Drunkenness.]
If a woman marries a man knowing him to be intemperate, though she does
so in the hope of reforming him, the courts will not interfere after
marriage to grant her relief from the result of her misplaced
confidence, but where the habit has been acquired subsequent to the
marriage and has become fixed and the husband is habitually drunk,
though not in such condition during business hours, it is such habitual
drunkenness as will entitle the wife to a divorce.
[Sidenote: Cruel treatment.]
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