The Washington Historical Quarterly, Volume V, 1914Various
History
The Washington Historical Quarterly, Volume V, 1914
Various
Northwest, Pacific -- History -- Periodicals
The causes of this dissatisfaction in the method of granting divorces
are apparent. The people realized that marriage is the institution at
the basis of our social existence. An undoubted reaction against the
laxity of the divorce laws was springing up, not only in Washington,
but throughout the United States. This action ultimately resulted
in two reforms. It diminished the grounds on which a divorce may be
granted and it extended the period necessary to establish a legal
residence. Today there is no state in which an action for divorce may
be brought without a preliminary residence of at least six months. The
drift of legislation in the last twenty years has been almost wholly
in the direction of greater restriction. In spite of this the national
ratio of divorce is 1:12.
Although most states have but a single provision in their constitution
regarding divorce, Washington has two. They are: Article II, Section
24. The legislature shall never authorize any lottery or grant
any divorce. Article IV, Section 6. The superior court shall have
jurisdiction of all matters of divorce and for the annulment of
marriage. These provisions have removed, beyond all doubt, the granting
of legislative divorces.
A brief survey of the laws at the present time reveal the following
information:
_Jurisdiction._
Jurisdiction shall lie in the district court in the county where the
petitioner resides.
The act of February 21, 1891 provides that divorces shall be granted by
the superior court.
_Residence._
The petitioner must have been a resident of the state for one year next
before the filing of the petitions. This is an amendment of the act of
January, 1864, which required only three months.
_Service of Process or Notice._
Legal notice shall be personal or by publication.
Like process shall be had as in all other civil suits.
By the laws of 1893 it is provided that when the defendant cannot be
found in the state, a copy of the summons and complaint shall be mailed
to him at his place of residence, but if the residence is not known,
service may be by publication. Publication must be once each week for
six consecutive weeks in a newspaper published in the county where the
action is brought or, if there be none there, in an adjoining county,
or if there be none there, in the capital of the state.
_Causes for Absolute Divorce._
1. When the consent to the marriage of the party applying for the
divorce was obtained by force or fraud and there has been no subsequent
voluntary cohabitation.
2. For adultery on the part of the wife or husband, when unforgiven,
and application is made within one year after it shall come to his or
her knowledge.
3. Impotency.
4. Abandonment for one year.
5. Cruel treatment of either party by the other.
6. Personal iniquities rendering life burdensome.
7. Habitual drunkenness of either party.
8. Neglect or refusal of the husband to make suitable provisions for
his family.
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