Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
The wife must obey her husband in domestic concerns, in the matter of
training and educating the children of the marriage and in all affairs
connected with the common property and the household.
If the wife has property of her own she must furnish alimentation (food,
clothing and lodging) to her husband when he is in want and cannot obtain
it for himself.
If a husband proposes to leave the Republic to live in a foreign land the
wife may apply to the courts to be relieved from the usual duty of
adopting her husband's residence.
The husband is the legitimate representative and manager of all of the
property of the marriage. He is ordinarily his wife's representative in
legal proceedings. A wife generally cannot appear either personally or by
attorney in a suit at law without her husband's authorization in writing.
If she is of full age a wife does not require her husband's authorization
in the following instances:
A. To defend herself in a criminal action.
B. To bring a suit against her husband.
C. To devise or bequeath her own separate property by a will.
D. When her husband is in what the Mexican lawyers call a state of
interdiction, as, for example, when he is under guardianship or insane.
E. When she is in business on her separate account and the suit or
proceeding relates to such business.
DIVORCE.--It is in the chapter of the Civil Code entitled "_Del divorcio_"
that we find the statutory provisions concerning divorce. The chapter
begins by stating positively that divorce (_divorcio_) does not dissolve
the bonds of matrimony. We must remember that the Federal Code is founded
upon the Spanish Code, and that both Mexico and Spain, being historically
Roman Catholic countries, reflect the leading dogmas of the Catholic
Church in their civil jurisprudence. What is called a divorce in Mexican
law is at the most a separation from bed and board. It simply suspends
certain of the civil obligations and effects of marriage.
CAUSES FOR DIVORCE:
1. Adultery of the wife under any circumstances.
2. Adultery of the husband, if the adultery is committed in the conjugal
home, or if the husband is living in concubinage, or if the husband's
adultery causes a public scandal and attracts public contempt or insult to
the wife, or if the wife has been ill used by word or deed by her
husband's paramour or on account of her.
3. If the husband proposes or plans to prostitute his wife, or accepts
from a third person any money, article or valuable consideration for the
purpose of effecting such prostitution.
4. When either spouse instigates or encourages the other to commit a
crime.
5. The attempt by positive acts by either husband or wife to corrupt their
children or by deliberately permitting third persons to practice such
corruption.
6. Abandonment without just and legal cause of the conjugal home (_casa
comun_), or if there is just and legal cause for such abandonment, to
remain away for one year or more without beginning a suit for divorce.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account