New York (State) -- Social life and customs -- Fiction
“Theoretically it could be done in a day, but practically it takes a
little longer. For we must avoid the look of collusion like the plague.
So we'll allow, say, a week. If we're lucky with our judges, it may take
less.”
Then he outlined the steps to be taken. An unusual chain of
circumstances enabled him to carry them out with unexpected neatness
and despatch, so that the case became a very model of how gracefully the
rigid laws of divorce could be manipulated in the Year of Our Lord 1916
and of the Founding of the Republic 140.
It may be interesting to outline the procedure as a social document in
chicanery, or social surgery, as one wills to call it.
McNiven first laid under Charity's eyes a summons and complaint against
Peter Cheever. She glanced over it and found it true except that Zada
L'Etoile was not named; Cheever's alleged income was vastly larger than
she imagined, and her claim for alimony was exorbitant.
Her first question was: “Who is this unknown woman going by the name
of Sarah Tishler? I thought Miss L'Etoile was to be the only woman
mentioned.”
McNiven explained: “L'Etoile is her stage name. She doesn't know her
real name herself, for she was taken from the foundling-asylum as
a child by a family named Tishler. We have taken advantage of that
disadvantage.”
Charity bowed to this, but she protested the income credited to her
husband.
“Peter doesn't earn half as much as that.”
“How do you know what he earns?” said McNiven.
“He's told me often enough.”
“Do you believe all he told you?”
“No; but, anyway, I don't want any of his old alimony. I have money
enough of my own.”
“That can be arranged later, but if you don't swear to this as it lies
you can't have your divorce.”
“Why not?”
“Because there has to be a contest, and we've got to give his lawyer
something to fight.”
Charity yielded wearily. She fought against making an affidavit to
the truth of the complaint, but when McNiven said, “No affidavit, no
divorce,” she took her oath before the clerk who was called in as a
notary public.
“Now you may go home,” said McNiven; and Charity stole out, feeling
herself a perjured criminal. Then the divorce-mill began to grind.
A process-server from McNiven's office went across Broadway to Tessier's
office, where Cheever was waiting. He handed the papers to Cheever,
who handed them to Tessier, who hastily dictated an answer denying the
adultery, the alleged income, and the propriety of the alimony claimed.
Tessier and Cheever visited McNiven in his office and served him with
this answer. The two lawyers then dictated an agreement to a reference,
Tessier adding a statement that he considered his client equipped with a
good defense and that he intended to oppose the suit in good faith.
Their clerks took this to the County Court House in City Hall Square and
filed it with the clerk of the Supreme Court, Special Term, Part II.
Public-domain text, read in full here on John Shaqi.
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