Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
ENCOURAGEMENT OF MARRIAGE.--No marriage shall be deemed or adjudged
invalid, nor shall the validity thereof be in any way affected on account
of any want of authority in any person solemnizing the same, if
consummated with a full belief on the part of the persons so married, or
either of them, that they were lawfully joined in marriage.
DIVORCE.--The only cause for absolute divorce is the adultery of either
party.
JURISDICTION.--The Supreme Court has exclusive original jurisdiction of
actions for divorce.
In an action for absolute divorce, both parties must have been residents
of the State when the offense was committed; or must have been married
within the State; or the plaintiff must have been a resident when the
offense was committed, and also when the action was commenced; or when the
offense was committed within the State, the plaintiff must have been a
resident when the action was commenced.
LIMITED DIVORCE.--A limited divorce, which is equivalent to a judicial
separation in England, may be granted because of:
1. The cruel and inhuman treatment of the plaintiff by the defendant.
2. Such conduct, on the part of the defendant toward the plaintiff, as may
render it unsafe and improper for the latter to cohabit with the former.
3. The abandonment of the plaintiff by the defendant.
4. When the wife is plaintiff, the neglect or refusal of the defendant to
provide for her.
In actions for limited divorce both parties must have been residents of
the State when the action was commenced; or when the marriage took place
within the State, the plaintiff must have been a resident thereof, when
the action was commenced; or when the marriage took place out of the
State, the parties must have become residents thereof, and have continued
to be such at least one year, and the plaintiff must have been a resident
when the action was commenced.
ANNULMENT OF MARRIAGE.--An action to procure a decree declaring the
marriage contract void and annulling the marriage may be maintained on any
of the following grounds:
1. When either party was under the age of legal consent.
2. When either party was an idiot or lunatic.
3. When either party was physically incapable of entering into the
marriage state, and such incapacity continues, and is incurable.
4. When the consent of either party was obtained by force, duress or
fraud.
5. When either party had a former wife or husband living, the former
marriage being in force.
By a woman plaintiff on the following grounds:
1. Where the plaintiff had not attained the age of 16 years at the time of
marriage.
2. When the marriage took place without the consent of the parent,
guardian, or other person having legal charge of her.
3. Where it was not followed by consummation or cohabitation, and was not
ratified after attaining the age of 16 years.
DEFENCES IN DIVORCE ACTIONS.--Divorce will not be granted for the cause of
adultery:
1. When the offense alleged has been condoned or forgiven by plaintiff.
Public-domain text, read in full here on John Shaqi.
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