The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-23
DIVORCE MADE EASY.
can Englishman's" Inquiry Into tho
New York Marriage Law.
RESIDENCE" AND DECENTRALIZATION
Can Our Divorce Law Be Abused by ltinerant
European SpOuses!

We have received tho following communication.
which seems to shed considerable light ON the crying
evil Of our loose divorce aws:-
To THE EDITOR OF THIS HERALD:-
Permit call your attention. to tho peculiar fault
OF law OF TINS state, which enables foreign
married women who have acquired no domciIc horo
to New York and obtain divorces from tiier
husbands in Europe. am sure that this flaw In our
law which IN other respects Is lar better than
that OF many other States, IS crying evil and should
be remedled by the present Legislature 1t appears
be perfectly fcbc under the present construction OF
the law, ard do not pretend to decide whether the
itself is isult whether is simply misn
teprcte for married woman OF any European state
to come TO New York and obtain divorce while the
husband, who Is supposed 10 have been served with
the papers by publication IN some obscure paper,
may not even know that he Is divorced. This irc-
Qucnty occurs ana reminds one OF the time when any
married woman who was Resident Of another State
could go to Chicago ana procure divorce from hcr
husband before he knew shat she had brought
Take the Lucca divorce case, tor instance.
Without making any reflections whatever on Nine.
Lucca is clear that her husband who has reopened
the divorce, was never. served with papers and
never had chance 10 make u defence Nine. Lucca
married again atcr divorce, and II her divorce Is
set ASIDE the g,iteu songstress will herself
lament the position In which tho administration OF
our divorce laws has placed her. few
days ago The newspapers announced that Mrs.
Lee Miss Adelaide Ncils0n) was divorced from ner
husband who Is in England and who II seems suffered
her 10 obtain decree by default Far be II from me
to assall the legal merits Of ths case but, II Mr. Lee.
like Baron Rhaden turns up IN low weeks and says
II announced In the papers. aud then has the d.
rcopened, will It not DO a very d'screditable
birth and always thought tho old fashioned maxim
still held good that the law presumed wiies domcile
where that Of her husband Is? III that be SO-and
have examined the American laws and ind that Il IL
confirmed by Kent ami others-how can pima donna
or an actress travelling here temporarily Obtain d..
vorcc in New York while ner husband Is d0micied
EuropoS AN ENGLtSHMAN
STATEMENT NELSON'S
The communication opening up an important feature
divorce law for public discussion Mr. Beach. OF
Beach Il Brown, counsel for Miss Nelson, was called
upon. Dir. Beach, being acquainted by tho writer with
tho substance of tho communication, stated that Miss
Nelson's legal right to divorce here could
be questioned. AS regards her domicc, he said
length of residence was required by tho law of this
State any residence, be BRIEF sufficient
in the o. Q Of the law. AS to the precedent OF tue
lucca case Mr. Beach said that while Baron Rhadcn
might not boon served with the papers in that
case-and he knew nothing about II, as he was not
Mme Lucca's counsel-,t quite certain that Mr.
served, Tor inc papers wero sent to the corrc
spondents OF the Arm in England, who
highly reputable lawyers, and word was received that
Mr.. Lee did not care TO contest the case Mr. Beach
gave II as his deliberate judgment that
the case camo clearly within the provision
Of the allowing divorce 'wherc both husband
and vile were Inhabitants OF this State ut the time Of
the comm ,ssion OF the offence" because the allega
lions OF adultery Mr. Loo referred 10 the time
when both husband and VITO in this CITY, Mr..
Beach referred the decision In the Brnkley case,
which he counsel for Mrs. Brinkley and In which
the of Appeals decided the question to whether
Mrs. BrnKiey who had only moved short time before
bringing the suit to New York, a resident Of this
State and therefore entitled 10 dccrce as follows:
.Actuai residence is capable Of change in brief
spaco and might be that though all that is shown in
IN anid avi ts nnd
pulntln before the commencement Of this action did
form e me- rsss "m. iro MemnSs 10 New
WHAT CONSTITUTES A wIFE's DoMTCLEr
Sr Beach also referred to other decisions sustaining
his position. careful investigation Of the law was
made by the writer to ascertain II wa are really
in such bad condition tho "Englishman alleges.
obtain here u divorce Tor the asking why not hus-
bandy And T this be really the case why could not
the shah OF Persia who SO anxious 10 get rid Of
his wives during IBIS European tour have como here,
stayed IN New York week or so and have procured
divorces from them all? The fifth article oil Ro.
yIscd Statutes OF 1880 says that
s.lf married woman, at the time OF exhibiting bill
against her husband, under the provision OF ehor OF
the last two arr snail reside THIS State she shall
be deemed iphabtant thereof although her husband
may reside elsewhere"
But what constitutes ''rcsidence?" Tho Court OF
Common Pleas, In 1913, IN the case OF Frost VS..
BrisDin held ITO constitute residence, within tho.
legal meaning, there must be settled fixed abode,
mention TO remain permanently a; least for time Tor
business other purposes. The same court IN 1856,
m The matter OF Hawey held "a man residence ~
that place HIS family dwcIls, or which hc makes
the CHEF scat Of his affairs and intercsts The SUI
perior Court 1s5S, in Chaino va Wilson, decdeo:-
ro effect a change OF residence IL is not enough that
intends TO change IT, and beevcs that he has douo
what amounts IN law to a change" The Supreme
Court IN 1906 matter OF Fitzgerald. held that
SUBJECT OF Great Britain who came hithcr
mcrcai adventure without idea OF settling among
us, was a NONRESIDENT. IL he led so rowing lilo
abroad render difficult to fix on his domicc it
will not make him "a resident OF this State"
formsnc as Rover in Wiid Oats, IS there any occu.
patton n moro ''rovng'' nature than that OF singer
oil actress.
THE QUESTION OF NATURALIZATION
A prominent lawyer of this city, whose Vows
sought in connection with this important subject gavo
IT. his opinion That in the quotation from tho nth
article OF tho Revised Statutes, where "a married
woman Is spoken OF, an American or naturaized
woman was meant Tho law, which would allow
foreign married woman to acquire the title piece
OF real estate in this city unless she first took
natura papers and declared her intention OF
becoming American citizen, would in DIS opinion,
certainly not permit her to go into court with
Tor the footing as that oil an American
woman.
80 render such divorces those procured by Nine.
Lucca and Mss Nelson legal, said this lawyer, ~
should be necessary Tor them first to rcnounce their
allegiance To tho German Emperor or Queen Victoria,
us tho case may be. IL cannot surely he that
real property and yet may BIZ divorced without dcclar
ing hcr intentions. Neither Nine. Lucca nor Miss
Nelson rcnounced their aegancc-tncy werc on1v
transient travellers through the country"
APPEAL TO THE LEGISLATURE
without referring specially 10 the above noted two
Instances IN which our divorce practice has been as-
sailed may undoubtedly bo we'll Tor the Legislature
consider this subject Tor the sake OF justice as we'll
the sacrrdncss Of the marriage relation. Tho
abuses resulting from the loose legal provisions
the residence OF parties divorce suit have been so
fragrant that the three most maligncd Statcsll
nos, Indiana and Connccticut-havc been compelled 10
amend their divorce laws by requiring vi tho plaintiff
one years bona fdc rcsidence In tho State whore tho
SUIT ~ brought Can he that IN the great State vi
New York, where the divorce law Is more stringent,
perhaps, than any other aud only granted for ono
cause adultery, any vagrant spouse temporarily
travelling hero may throw Off the matrimonial
yokcs And this connection the Legislature should
consider another evil IN our divorce practiccnamely,
the secrecy OF the process papers, IL Is undoubtedly
proper that the testimony IN many divorce cases.