Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-09-24
DIVORCE MADE EASY
In Maine it is Bard 10 Get DrlnA vi
whisky, but it is Easy TO Get a Dl'
xarce-This is New England
Morality.
Singular Laws and Their Eccentric APP
ENTHUSIASTICALLY Of State Laws
Necessary to the Safety or
Society.

NEW YoRR, September Zine ai'iote
entitled divorces Procured, recently pup,
lished in the Herald, has attracted "ldesPreSo
nnblic attention and has been made the
haas Of action by the Bar Association oil
this city. which is doing all in It's power 10
break up. root and branch, the present IN
iouitous system of procuring divorces. bul
the evils of the divorce system lie far deeper
and extend far wider than the influence OF
any one association or society. a tendency
10 render divorce more easy has marked the
leoi.Istion of the United States from the be-
Inning. Adultery, the prime and every
where all-suficient ground for divorce,
has been more and more leniently treated
eyerv half century or 50. AHuslon mas
b,en made at various times, IN general
uav. 10 the diversity Of divorce laws IN the
different States and Territories Of the United
States. In Alabama, for example, not only
does adultery committed alter marriage
sfford ground Tor divorce, Dul aoulleiy VI
immortality committed before marriage cam
when discovered and proved after marriage,
yitiate and dissolve the marriage. 10 Geor-
gia NOT only insanity, but mere mental inca
1acitv. is a legal ground for divorce. In
Kentucky certain forms OF dlsease snord
LEGAL cause for divorce. In point OF TACT
Kentucky allows divorces for more CAUSES
than any other State in the Union or country
in The world. man and wife can obtain
divorce lrOm cdCu osnSA ~ S-
"causes" In Kentucky.
DISCRETIONARY WITH THE JUDGES.
In Maine the saving of the wag holds
p il easy TO get a divorce" The law there
reads: divorces may be decreed when the
indpe deems il reasonable and proper, con-
dncive TO domestic harmony and consistent
with the welfare OF society" In Illinois also
large discretionary divorcing powers are
granted TO The judges, in addition TO the
seven legal causes allowed Tor divorce. In
Delaware adultery itself does not necessitate
the granling OF a divorce. 1t depends upon
The r,y>committing the crime. II the wife
aims then the husband can legally demand
an absoIute divorce, but if the husband If
the offender then the wife is only legally
entitled TO a partial divorce or a separa-
ton. This may al fret glance seem I'M
fair. Yet il is based upon one sound srgu-
ment and conceded fact. The ain oil the
husband and father cannot sfford the statue
of the children of family, but the sin OF
the wife and mother can and does. In
Nevada failure or neglect upon the part
OF the bead Of family to provide the
''necessaries" OF life for said family coHsti-
tules legal ground for divorce. "Luhacy
At the time of marriage" is specified in the
laws of Nevada as vitiatiug the union. 1t
love is lunacy,n as come philosophers hold,
now can any marriage be legal? Besides,
The momentous question arises, under the
laws of Nevada are new bonnets" counted
under the head of "necessaTies"
North Carolina, theoretically at least, must
be ga State Of easy divorce" "Any Just
cause; at the discretion of the judge" is al
lowed 10 dissolve the marriage tie. Rhode
Island allows "gross misbehavi or wicked
ness" in either party 10 constitute ground
for divorce.
In Connecticut the famous-or, as some
hoId. the infamous-"omnibus clause" be-
came = part of the code. This Omnibus
clause" provided that "any such mischief or
misbehavior as permanently destroys happi-
ness and defeats the purposes OF marriage"
shall constitute legal ground Tor dlvofce.
Such a provision as this would be conve-
uieutly sensible if il could only be settled
beyond preadventure what such mischief
or misbehavior was in each particular case.
In Tennessee an attempt against the lie OF
one party to q marriage contract by the other
party was held full and sufficient leg al ground.
But in recent case in New York city,
where the wife attempted one night to stran-
gle her husband in his sleep, the husband
was advised that he had no legal ground for
a divorce, adultery being more "matrimoui-
ally available" than murder. In Virginia
il woman is discovered after marriage to
have borne a bad character deservedly be-
ing aware OF that fact till after marriage,
then the husband becomes legally entitled TO
a divorce In this case the man is held as
having been married by the woman under
the false preteuse OF good character. And
if either husband or wife has committed
crime before marriage, and said commission
OF crime is not discovered by the other party
till after marriage, then the innocent party
is held to be emitted TO divorce from the
guilty party.
WOE TO THE RAKEs.
In West Virginia there is law which, il
il was enforced in New York, would most
materially affect marriages. According TO
the code of West Virginia, if a woman after
marriage discovers that the man whom she
has m arried in good faith as an honest and
reputable and moral man has been really
rake before she married him, then she is at
legal liberty to unmarry. The State of
South Carolina, which has been held up 10
approval by certain religionists ibecause its
code sanctions no divorce, is found on closer
examination not TO deserve the appreciation
bestowed. A man can legally provide for
his mistress in this State, and Judge Watts,
OF South Carolina, has openly conceded the
point that the marriage and divorce laws of
his State work badly.
In some of the United States divorced par
ties can at any time, if reconciled, live to-
gether again as man and wife without any
ceremony. In other States they are COM
PEELED 10 be formally remarked. In some
States woman divorced for adultery can be
subsequently, permitted TO marry her para
mour. in other States divorced man and
wife cannot remarrry without special pro.
vision. In some States one illicit act con-
slitutes adultery. In Other States adulteries
can only be properly proved by Sc
ries of acts or living together of the guilty
parties. In soue States il is held that only
husband can be "cruel," matrimoniaiIy
speaking. A wife may pull her husbands
hair, if he has any, or Apply broom-handie
10 him or lock him up in q dark closet,
still the marriage holds. But if the case be
reversed, the marriage is dissolved, which
would seem TO be more polite than just.
There is one point about marriage and
divorce which seems 10 be held assured
under all circumstances, yet which is
anne liable TO criticism and open TO doubt.
While it is no fraud as regards marriage TO
assume false character, il is fraud to
assume false name-a stale OF affairs that |
assumes name TO be oil more I'M |
portapce than character.
brief summary of the laws granting |
divorce in the State of New York will be OF |
interest in this place. There are six causes |
which anuul a marriage contracted in this |
city or State-when the parties are under |
age; when there has been prior marriage |
and the other party to this prior marriage is
still alive; when either contracting party is |
an idiot or of unsound mind; when the con- |
sent of either party has been obtained by |
force or fraud; when either party is physi- |
cally incompetent, and when the female is |
under fourteen years of age and marries |
without the consent OF her legal guardian. |
PERSONAL.