Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-05-21
LAWS OF OHIO
AN ACT
(BY AuTHoRiTY.)


semJty Of tie State of Ohio; That the sew
eral Courts Of Common Pleas in this State,
shall have the cognizance of granting diyor-
ces, for the following causes:
First: Where either of the parties had a
former wife or husband living, at the time of
solemnizng the second marriage.
Second: Where either Of the parties shall
have been wilfully absent from the other
three years.
Third: Adultery.
Fourth: Impotency
Fifth: Extreme cruelty.
Sixth: Fraudulent contract.
Seventh: Gross neglect of duty.
Eighth: Habtual drunkenness, for three
years
Ninth: Where either party has been or
shall heresfier be sentenced to imprisonment
and actually imprisoned in the penitentiary of
this State, or state prision of any other State
or Territory of the United States, or the Dis
trict of Columbia, for any violation of the
laws of the United States; or where either par
ty has been or shall hereafter be sentenced to
Imprisonment and actually imprisoned in the
penitentiary in this state, for any violotion Of
the criminal laws of this state, or in the peni
tentiary or state prision of any Of the United
States, or either of the territories thereof, or
the District of Columbia, for any crime or Of
fence against the laws of either Of said States
or Territories, or the District of Columbia :
provided, such crime or offence against the
laws of such State, Territory, or District of
Columbia; provided, such crime or offence
against the laws of either of said States or
Territories, or the District Of Columbia pro-
vided, such crime or offence against the laws
of such State, Territory or District of Colum
ba, be of the same character or grade as is
or may be by the laws of this state punished
by imprisonment in the penitentiary and
provided, also, that all applications for divorce
under the ninth clause of this section, shall
be made during the Imprisonment; of the ad-
verse party.
Sec. 2, That in addition 10 the causes Of
divorce already declared in this act, the seve
raj courts Of common pleas of this state shall
have power to grant divnrce in favor of
party applying for the same whenever it shall
be made TO appear that the husband or wife,
of such party has obtained decree Of d.
vorce in any of the courts, of any other state,
by virtue of which the party who shall have
obtained such decree shall have been reless
ed from the obligation Of the marriage con-
tract while the same remains binding upon
the other party.
Sec. 3. That in all cases where divorce
shall be applied for, the compl iinant shall
file his or her petition in the Office of the
clerk of the court of the proper county, at
least two months before the sitting OF said
court, which petition shall in all cases distinct
y set forth the true cause of complaint, and
it the adverse party is a resident OF the coun-
ty in which the petition is filed. the clerk Of
said court shall issue summons directed to
the sheriff Of the county, which together
with copy of the petition, shall be served on
the adverse party at least six weeks before
the sitting of said court but if the party de-
fendant is not resident of the county in
which tho petition shall be filed, then notice
shall be given of the pendency of said petit
ton by publication in some newspaper Of
general circulation, for the term of six con-
secutive weeks, which notice shall contain
the substance and prayer of said petition, and
in such case summons and copy of the
petition shall forthwith on the filing of said
petition, be deposited in the post-otfice, d.
rected to the party defendant at his or her
place OF residence, unless it shall be made to
appear to the satisfaction OF said court, by
affidavit or otherwise, that such residence is
neither known TO said applicant, nor can with
reasonable diligence be ascertained by him or
her or if the adverse party shall reside in
any other county of this state, the applicant
may, at his or her election, give notice by
service ola summons and copy of the pc
tition, which service shall be made at least
six weeks before the sitting of said court ;
provided, that nothing in this act shall be so
construed as TO prevent bearing or decision
of the cause at the first term after the peti.
ton shall be filed.
Sec. 4. The party by such summons shall
be required to appear and answer said peti.
ton, which answer shall be received without
oath, and if the party complained of shall not
appear, or, appearing, shall admit or deny the
allegations in said petition, the court shall
lhereupon proceed to hear and determine the
same, and il, upon hearing any or all of the
charges in said petition to be confined to the
| causes enumerated in the first section Of this
act, it shall, by dsinterested testimony be
proved to the satisfaction of said court, the
court may proceed to pronounce the marriage
released from the obligations of the same,
provided, that the dissolution Of such marri-
age shall in no wise affect the Legitimacy of
the children thereof and the court shall
make such order for the disposition, care and
maintenance of The children of such marriage,
if any there be, as shall be just and reason
able.
Sec. s. That upon the hearing of petitions
for divorce, the court may permit proofs of
the admission of the parties to be received
in evidence, carefully excluding such as they
shall find reason to believe have been obtain
ed by connivancc, fraud, coercion, or other
improper means
Sec. g. That in all cases where an applca-
ton is made for divorce. under the provis-
ions of this act, proof of co-habitation, and
reputation of the marriage of the parties shall
be admitted, and at the discretion of the
court or jury trying the cause, may be re-
ceved as sufficient evidence Of such marri
age, any law, usage or custom TO the contra
nv Notwithstanding