Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1871-08-02
ABUSES OF DIVORCE LAWS IN TENNESSEE.


The opinion of Judge Turney on the
laws regarding divorces in Tennessee, COM
mented upon yesterday, suggest some fur
ther remarks upon the statutes OH the sub
ject, which the other members of the Court
hold to be the law of the commonwealth.
We have read very much in newspapers
concerning the iniquities of the divorce
laws of Indiana AID Illinois, but we
doubt very much whether any features of
the laws OF hose States are more obnoxi-
on5 to criticism than some provisions of
our Code. We propose to suggest some
that we deem Objectionable.
A wife, by the provisions of our law can
obtain divorce without the knowledge of
her husband, though he might live within
half mile of her home. Our Code pro-
vides that upon the filing of petition for
divorce, if the husband lives out of the
county where the proceedings are insti-
tuGed, process may be put into the sheriffs
pocket for three months, at the end of
which time, upon returning it to court
with an endorsement that the defendant
resides out of the county, it shall be held
good service and proceedings be prose-
cuted as though the defendant was actually
served with notice. a wife living in this
county, within half mile of her husband
living over the line in Blount county,
might thus obtain a divorce without his
actually knowing anything about it.
Again. the code provides that petition
for divorce may be filed in the county
where the separation of man and wife oc-
CURED. a wife living in Johnson county
on the Virginia line, might under this stat
ute institute proceedings in Memphis
against her husband living in Bristol next
door to her home and obtain n divorce
from hi without hic II M laIo T..
cases however, prescribed causes for di-
vorce must be shown. The objections to
Doth these provisions arc that the defen-
dant though living near the wife, within
The State, has no actual notice of the pro-
ceedings and therefore is denied the priv
eligcs of defence.
BY another provision of our code n wife
is entitled to adivorce from "bed and board"
and from the bonds of matrimony at the
discretion of the courtn if she can prove
that her husband "has abandoned her. or
turned her out of doors and refused or neg
lected to provide for her" and this we be-
lieve 1t has been held whether the turning
out OF doors was permanent or temporary,
The laws of the State give relief speedier
in divorce, then in most any other cases.
In many instances a divorce can be OBJ
tanned i'll nine days. We doubt if any
other State affords such speedy dissolution
of the marriage tie.
y husband and wife desiring to be di-
vorced can, by separating from each other
for two years, have the marriage tie dis
solved. The code provides that the "ab-
sence of either party for two whole years.
shall be grounds for divorce. All that is
| necessary in such Il case would be to con-
ceal from the court the collision and the
want of reasonable cause which is easily
! done under the provisions first referred to.
| There is one feature of our law worthy of
commentator, and that is, that two Years
| residence in the State is necessary to en-
able parties to take advantage of these
| loose statutes.
| Above we have given some of the fea-
! lures of our law, which are certainly very
| Objectionable and serve to make the most
sacred and binding of all obligations as
| stunned in the flesh, mockery. We have
| seen the most outrageous cases of abuse OF
! these statutes and the evil results are plain
| to he seen in the general decentralization
! prevailing in certain classes in respect Ia
this relation. If there could beany reasons
| to Justify the opinion of Judge Turney i'm
| annulling these laws and recognizing the
! Divine laws as supreme ii would be the
| fearful consequences flowing from the
loose and repugnant statutes cited. TAKE
| our laws on this subject as a whole, and
| they aie'open TO the Eeverest criticism and
4 Will afford future Legislators q good oppur
4 t1nity for doing great public good d.
I'm. sub-KmsluT Committee, nov ia