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
Cruel and inhuman treatment, to constitute ground for divorce must be of
such a nature as to endanger life, but need not necessarily consist of
physical violence. Even where no single act or number of acts can be
shown which might cause reasonable apprehension of harm to life, if the
ill treatment as an entirety is of a nature to affect the mind and
undermine health to such a degree that the life will be ultimately
endangered, it will entitle the injured party to a divorce. Ungovernable
outbursts of rage, the use of profane and obscene language, applying
insulting epithets to the wife in the presence of others, acts of
cruelty and neglect in sickness, coupled with failure to provide
suitable food and clothing, have all been held to be such cruelty,
which, if long continued, would result in danger to life. Condonation is
always a valid defense in proceedings for divorce. If the wrong is once
forgiven, it cannot afterwards be made a ground for divorce, but the
mere fact that a wife continues to live in the same house with her
husband, and does the household work, is not such condonation as will
defeat her action.
[Sidenote: Husband from wife.]
The husband may obtain a divorce from his wife for like causes, and also
when the wife at the time of the marriage was pregnant by another than
her husband, unless such husband had an illegitimate child or children
then living, which was unknown to the wife at the time of the marriage.
[§3415.] In many other states, divorce will be granted to the husband,
for the cause here named, but in no other state is it provided that in
such case, a husband who had an illegitimate child at the time of the
marriage, unknown to the wife, cannot take advantage of this fact to
obtain a divorce.
[Sidenote: Cross petition.]
The defendant may obtain a divorce for the causes as above stated, by
filing a cross petition. [§3416.]
[Sidenote: Maintenance during litigation.]
The court may order either party to pay the clerk a sum of money for the
separate support and maintenance of the adverse party and the children,
and to enable such party to prosecute or defend the action. [§3417.] In
applying for an order granting temporary alimony it is not necessary to
show that the party making the application is entitled to a divorce. It
is sufficient if it appears that such party is without means of support
and unable to prosecute the action without such allowance. The fact of
marriage must be either admitted or proved. The court may allow
attorney's fees in proceedings for divorce and alimony, but the party
against whom the action is brought, is not liable, if the other party is
unsuccessful. Where the applicant for divorce is ordered to pay a
certain sum of money to enable the defendant to defend, it he fails to
obey this order, the action may be dismissed.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account