Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-07


DIverce In 0hIs.
The last Legislature of Ohio passed q
law concerning divorce, of most extra
ordinary character. We shall be sur
nrised # there is not rather brisk EN-
!grat;on of badly matched people setting
;6to the Buckeye Stete, when the kind
If relief this act is designed to afford be,
comes generally known. The legisla,
tors would have had to go but very lit
tie further to have made the relation o.
husband and wife purely simple con-
tract, determinable at the win of the
parties, like that between master and
servant, or principal and agent: A few
years experience under such Law. mus'
determine to the satisfaction OF the most
radical of the social reformers whether
marriage. as commonly understood, Is
what Geo. Sand denomlnated 'consecra-
ted adultery or something more.
The law to which we refer provides
that divorces may now be granted by the
Court of Common Pleas in Ohio, fol
sny of the following causes. ,s.
Trst-When either of the parties had
former wife or husband living at the
time of solemnizing the second marriage.
Seeond-Where either of the parties
shall have willingly been absent from
the other three years. III s.
7Hird-Adultery.,
Fourh-Impotency. ~
Fgih-Extrenne cruelty. =
Sirth-Fraudulent contract. y -
Seventh-Gross neglect of duty.
Eighah-Habitual drunkenness fol
three years.
Ninth-Where either party is impris-
cped in any penitentiary or state prison,
in any State for violation of the laws Of
the United States; or in Ohio, for viola
tion of the criminal law of Obi !; or in
any other State, for a violation of the
criminal law of such State; provided
such offence would be punished with i'm
prisonment In the penitentiary in Ohio,
and provided the application for divorce
Is made during such Imprisonment.
A decree of divorce in any court of
another State in favor of one party, is
also ground for like decree in favor of
the same party in the courts of Ohio.
Proof of cohabitation and reputation
of the marriage is admitted, and, in the
discretion of the jury or court, received
as sufficient evidence Of the marriage.
If the divorce is granted to the wife,
she is restored to all her lands, tene-
ments, and hereditaments not previously
disposed of, and to her maiden name if
she desires-may be allowed sufficient
and reasonable alimony-and if she sur
viye her husband, is also entitled to dow
er.
If the divorce is granted on account
of her fault, she loses the right to dow
er, but is restored to her lands, tene-
ntents, &C., and may receive reasonable
alimony.
Petitioners for divorce must have re-
sided within the State one year, but the
cause of divorce and marriage may have
occurred elsewhere-and slimony may
be granted to the petitioner during the
pendencyFof the proceedings.
A wife may also petition for alimony
alone, without the prayer for dissolu-
ton of the marriage contract for the
following causes, viz:
FIrst-Adultery.
Second-Gross neglect of duty.
IR1d-Abandonment of the wife,
without good cause.
Foartk-When there is separation in
consequence of i'll treatment on the part
Of the husband.
Ftth-Habitual drunkenness.
Sizth-Cen6nement in the penitentia-
ryEiof Ohio, or. in the penitentiary or
State prison of any of the United States,
or either of the territories thereof, or
the District of Columbia, for any crime
or offence of the same character or grade
as is or may be by the laws of this State
punished with imprisonment in the peni-
tentiary, in which case the application
shall be made while the9husband is so
confined.
On which petition the proceedings are
the same as in case of petition for di-
yorce. In this case also the wife may
receive the right to hold and manage her
own property without the consent of her
husband ag.a.s ss-.s..
'.The residence of the husband shall
not be so construed as to preclude" the
wife from the benefits of the act. =,
A change of. venue may be, ordered
on application of the petitioner, and on
proper cause shown.
A married woman may also file her
petition, setting forth that her husband,
from intemperance or any other cause. is
about to squander property to which she
is entitled in her own right, or to put it
beyond her reach, whereupon the court
may enjoin the husband from interfering
with it, and may appoint receiver to
manage and control it for the wife's ben
eft. ,
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