Massachusetts -- Periodicals; New England -- Periodicals
if contracted before marriage, were made good grounds for a decree.
The law of 1841, which remained in force until 1853, forbad the marriage
of the party for whose fault divorce was granted during the lifetime of
the innocent partner; but in the latter year the court was authorized to
allow the guilty party, except in cases of adultery, to remarry; and in
1864 it was provided that even in such cases the guilty one might marry
after three years, unless actually tried and convicted of the crime. In
1873 even this restriction of three years was removed, and the law
remained so until 1881, when it was enacted that the guilty party in all
cases might marry after two years without the formality of applying to
the court for leave so to do.
From this brief review of the history of our law there is but one
conclusion to be drawn, that slowly but surely the doors to divorce have
been opened until it has become a comparatively easy matter to obtain
that relief which for so many years was absolutely refused. A few
statistics will illustrate this: In the year 1863 there were in the
state 10,873 marriages and 207 divorces; in 1882 there were 17,684
marriages and 515 divorces, or an increase in the former of 62.6 per
cent., and of the latter of 147.6 per cent., while the population of the
state increased in the same time 53.4 per cent. Since the legislation of
1870, which, as we have seen above, made divorce obtainable on nine
grounds, the increase in the number of decrees granted has been 36 per
cent., while in the same period marriages have increased but 20 per
cent.
During this twenty years 79 per cent. of all divorces granted were for
adultery and desertion, and of those granted for the first-mentioned
cause only a trifle over one-half were for the fault of the man; while,
contrary to a widely-prevalent belief, the record shows that of the
decrees entered for that cause the proportion is greater in the country
districts than in our cities. In the same period the highest ratio of
divorce to marriage has been one to twenty-three, and the lowest one to
thirty-three, the average for the whole time being one to thirty-one;
but in Suffolk County, comprising the cities of Boston and Chelsea and
the towns of Winthrop and Revere, the average has been only one to
forty-one and nine-tenths. These statistics are indeed startling, and
may be easily used as a foundation for an argument that our laws
governing the matter are far too lenient, since the number of divorces
is so apparently excessive.
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