Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
2. After a separation from bed and board has lasted three years. In such a
case the royal decree is granted either on the petition of both parties,
or, if circumstances justify, on the petition of one of the parties.
3. It may be granted by royal decree without any preceding separation.
This form of divorce is granted either when legal cause for divorce exists
or when the ground is otherwise considered sufficient.
A judicial decree of absolute divorce is obtainable for the following
causes:
1. Adultery.
2. Bigamy.
3. Wilful desertion for at least three years.
4. Assault and cruel treatment endangering the life of the complainant.
5. Absence for seven years, especially if no information has been received
of the absentee during that period.
If the facts as shown leave little or no doubt as to the death of the
absent party, a divorce can be granted after three years' absence.
6. Imprisonment for life, after the innocent party has waited seven years.
In addition to these grounds a divorce by royal decree can be obtained
when one of the parties has become incurably insane or has been sentenced
to prison for at least three years; or when the parties, by mutual
agreement, have lived entirely apart for fully six years, and the facts
show that domestic peace and the well-being of the parties are not
promoted by their continuing as husband and wife.
LIMITATIONS.--If the act complained of was committed by the consent or
procurement of the complainant, or if the latter has voluntarily cohabited
with the offender after discovery of his or her guilt, or if the
complainant has been guilty of a similar offence, divorce will be refused.
EFFECTS OF DIVORCEMENT.--Each of the parties receives one-half of the
common property, but agreements are permitted by which the man retains
all such property on condition of paying the woman an annual allowance.
The duty of mutual assistance ceases, although if justice demands the man
may be ordered to pay alimony to the woman. The Norwegian law contains no
hard-and-fast rule as to the custody of the children of divorced parents.
When no agreement exists between the parties the innocent party is
generally given custody of all the children.
A woman who obtains a decree of divorce against her husband is allowed to
retain the name and rank of her ex-husband.
SEPARATION.--A separation from bed and board may be granted either on the
mutual consent of both parties, or by royal decree on the petition of one
of the parties if reasonable grounds exist.
CHAPTER XV.
THE RUSSIAN EMPIRE.
There have always been plenty of laws in Russia, the chief difficulty
being not with the quantity but the quality. Another perplexing feature of
Muscovite laws is the uncertainty of this patchwork of royal decrees,
undefined traditions, changing customs and priestly superstitions.
Public-domain text, read in full here on John Shaqi.
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