Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
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Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
1. Judicial condemnation to death or to civil death, even if a royal
pardon is granted.
2. Judicial condemnation for a gross offence or an offence incurring
temporary loss of civil rights.
3. Judicial condemnation to imprisonment for at least two years.
4. Proof of prodigality, inebriety or a violent disposition.
5. Opposition of feeling or thought between the husband and wife which
passes over into aversion and hate, provided that a separation from bed
and board has been granted on this ground and lasted for a year without a
reconciliation taking place during the interval.
LIMITATIONS TO RIGHT OF ACTION.--Collusion, connivance, condonation or
recrimination extinguishes the right to a divorce.
In a case of adultery divorce will be granted only if the innocent spouse
has instituted proceedings within six months after obtaining knowledge of
the offence, has not condoned it by cohabitation or otherwise and has not
been guilty of a similar offence.
If the insanity of the defendant in a divorce suit has been caused, or
even accelerated by the cruel treatment of the complainant, divorce will
be refused.
PROCEDURE.--In a case of desertion, if the whereabouts of the guilty party
is unknown, the court, by means of publication in all the pulpits of the
district, orders him to return within a year and a day. If he does not
present himself within the time mentioned the judge pronounces the
divorce. Where the ground is insanity the judge must give a hearing to the
nearest relatives of the afflicted party and investigate carefully the
married life of the couple, in order to learn whether the insanity was
caused or even accelerated by the plaintiff.
The State's attorney is not authorized to interfere in a suit for divorce,
nor are attempts at reconciliation required.
The court can, however, advise a reconciliation, with or without the
adjournment of the case.
JUDICIAL SEPARATION.--This is often only the preliminary to an absolute
divorce. It can be granted when hate and violent anger arise between
husband and wife and one of them reports the matter to the rector of the
parish. It is the duty of the rector to admonish the couple. If they do
not become reconciled they are to be further admonished by the consistory.
If this admonition also proves fruitless the court grants a separation
from bed and board for one year. The law provides also that this procedure
may be followed in cases of malicious desertion, where the guilty party
remains in the country or where one party drives the other from home.
CHAPTER XIII.
DENMARK.
Justice is administered in Denmark in the first instance by the judges of
the hundreds in the rural communities and by the city magistrates in the
urban districts. Appeals from such courts lie to the superior courts of
Copenhagen and Viborg, and in the last resort to the Supreme Court, which
consists of a bench of twenty-four judges, at Copenhagen.
Public-domain text, read in full here on John Shaqi.
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