, 1854-07-29
AN ACT regulating Divorces.

See. |. BE IL enacted By the Legislative
assembly Of The Territory Of Washington,
That divorces may be granted by the dis
trict court, on application of the party in
jured, for the following causes
L. When the consent to the marriage of
the party applying for the divorce was OBJ
tanned by force or fraud, and there has
been no subsequent voluntary co-habitation.
2. For adultery on the part of the wife,
or of the husband when unforgiyen, 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. Habtual drunkenness of either party,
or the neglect or refusal of the husband to
make suitable provisions for his family.
I. The Imprisonment of either party in
the pententiary, if complaint is filed during
the term of such Imprisonment. And d.
vorce may be granted on application of
either party for any other cause deemed by
the court sufficient, or where the couri
shall be satisfied that the parties can no
longer live together.
Sec 2. When there is any doubt as to
the facts rendering a marriage void, either
party may apply for, and on proof obtain
decree of nullity of marriage
Sec 3. Any person who has been q
resident Of the Territory for one year may
lile his or her complaint for q divorce or
decree of nullity of marriage under oath in
the district court Of the county where he or
hemay reside, and like proceedings shall be
had thereon rs in civil cases.
Sec. 4. When the defendant docs not
answer, or answering admits the allegations
IN the complaint, the court shall require
proof before granting a divorce or a de-
cree of nullity.
See. 5. The defendant may, in addition
to his or her answer, iile a cross complaint
for divorce, and the court may in such
case grant a divorce, if any, in favor Of
either party or as OH application Of both.
Sec. 6. Both parties shall be consider
ed as applying for a divorce, when the
complaints Of both are fled at the same
term Of the district court, and when the
defendant by his or her cross complaint
also for a divorce. ltIla'
Sec. Z. Pending petition for divorce,
the court or the judge thereof, in vacation,
may make and by attachment enforce such
orders for the disposition Of the persons,
property and children of the parties asI
may be deemed right and proper, and such
orders relative TO the expenses of such suit
as will ensure to the wife an efficient prep
aration Of her case and fair and impair
tial trial thereof and on decreeing or re-
fusng 10 decree divorce, the court may,
il its discretion, require the husband to
pay all reasonable expenses Of the wife in
the prosecution or defence Of the petition,
when such divorce has been so granted or
refused, and give judgment therefor
Sec. 8. In granting divorce. the court
shall also make such disposition Of the
property Of the parties as shall appear just
and equitable, having regard to the re-
spective merits Of the parties and to the
condition in which they will be left by such
divorce, and to the party through whom
the property was acquired, and to the bur-
dens imposed upon it for the benefit Of the
children, and shall make provision for the
guardianship, custody and support and ed
ucation Of the minor children Of such mar
riage.
Sec. o. Whenever an order of divorce
from the bonds Of matrimony is granted in
this Territory by court Of competent ar-
thority, such order shall fully and com
pletely dissolve the marriage as to both
parties. And in all suits for divorce, III
a divorce be granted, the court may, for
Just and reasonable cause, change the name
Of such female, who shall thereafter be
known and called by such name as the
court shall in its order or decree appoint,
Sec. 10. Whenever q petition for di-
vorce remains undefended, It shall be the
duty of the prosecuting attorney to resist
such petition.
Passed April Is, 1854
certify the foregoing is true copy Of
TIE original act.
III C. H. MASON,
Secretary Of The Territory Of Washington.