Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-09-23
CURq6sIrxEs OF DIvoRCE.


Our EccemsrtC Laws and Their Eccentric
at5on.Conflicting Measures
sketch 9f the Strange System that Has
Sprung ONT d Chaos.
The article entitled "Divorces Procured, /"
recently pnhiishedin the New York Herald, has
attracted widespread public attention, and has
been made the basis Of action by the Bar Asso-
ciation OF that CITY, which Is doing all in Its
power to break up, root and branch, the present
| ubiquitous system. OF procuring divorces But
the evils Of, the divorce system lie far deeper
and extend Tar wider than the influence Of any
| one association or society
tendency to rHnder divorces more easy has
marked the legislation OF the United States
! from the beginning. Adultery, the prime and
everywhere all sufficient ground for divorce,
mas oeen more and more leniently treated every
nall century or SO. Alluson has been made at
various Tunes, In general way, to the diversity
OF divorce laws in the different states and terri
tories OF the United States. In Alabama. for
example, not only does adultery committed
after marriage afford ground for divorce, but
adultery or immortality committed before mar
rage can, when discovered and proved after
marriage, vitiate and dissolve the marriage. In
georgia not only insanity, but mere mental inca
paclty, Is legal ground for divorce In Kentucky
certain forms of disease afford legal cause for
divorce. In point Of fact Kentucky allows
] divorce I0r more causes than any other state
~ Wv CAou VI COuutTy III GIl0 WOrlU A man
and wife can obtain divorce from each other on
sixteen different causes" in Kentucky.
DISCRETIONARY WITH THE JUDGES.
In Maine the saying of the wag holds good,
that though it is hard to get drink 1t is easy
to get divorce" The law there reads: ssDi-
vorces may be decreed when the Judge deems it
reasonable and proper, conducive to domestic
harmony and consistent with the welfare of So
ciety." In Illinois also large discretionary d.
vorclng powers are granted to the Judges, in
ADDITION to the seven legal causes allowed for
divorce In Delaware adultery itself does not
necessitate the granting Of q divorce. It de-
ponds upon the party committing the crime If
the wife Sins then the husband can legally de-
mand an absolute divorce; but If the husband is
the offender then the wife is only legally entitled
20 partial divorce or separation. This may at
nrst glance seem unfair. Yet it is based upon one
souno argument and conceded fact. The sin of
the husband and father cannot affect the status
OF the Children of q family, but the sin of the
wife and mother can and does. In Nevada q
failure or neglect upon the part of the head of q
family to provide the 'necessaries" of life for
said family constitutes legal ground for
divorce "Lunacy at the time of marriage is
speclhed in the laws of Nevada as vitiating the
union II "love is lunacy, as some philosophers
nold, now can any marriage be legal? Besides,
the mOmentOus question arises, under the laws
OF Nevada, are new bonnets' counted under
the mead or "necessaries 2"
North Carolina, theoretically at least, must be
"a state OF easy divorce" ''Any just cause, at
the discretion of the judge" is allowed to dis
solve the marriage tie Rhode Island allows
''gross misbehavior or wickedness'' in either
party TO constitute ground for divorce.
In connecticut the famous-Or, as some hold,
the lnfamous-"O omnibus clause" became a part
OF the code. This Omnibus clause provides
tnat any such mischief or misbehaviOr as per-
manently destroys happiness and defeats the
purposes OF marriage" shall constitute legal
ground for divorce. Such O provision as this
would be conveniently sensible if it could only
De settled beyond q peradventure what such mis-
chief or misbehaviOr was in each particular case
In Tennessee an attempt against the life Of one
party TO marriage contract by the other party
was held full and sufficient legal ground
But In recent case in New York city,
where the wife attempted one night to strangle
her husband in his sleep, the husband was ad-
vlsed that he hadnQ legal ground for divorce.
adultery being more Fundamentally available"
than murder. In Virginia if a woman is discoy-
cred after marriage to have borne bad charac-
ter deservedly before marriage, without her
husband becoming aware of that fact till after
marriage. then the husband becomes legally en-
Titled to divorce In this case the man is held
az having been married by the woman under the
false pretence of a good character. And if either
husband or wife has committed a 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 entitled
to divorce from the guilty party.
WOE TO THE RAKEs.
In West Virginia there is a law which, If 1t
was enforced in New York, would most ma
terially affect marriages. According to the
code Of West Virginia. if woman after mar
rage discovers that the man whom she has
married in good faith as an honest and reputa-
bic and moral man has been really a rakebefore she
married him then she is at legal liberty to I'M
marry. Thestate of South Carolina which has
been held up to public approval by certain relig-
lonists because its code sanctions no divorce is
found on closer examination not tOdeserve the
appreciation bestowed. man can legally pro-
vide 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 parties
can at any time, II reconced live together
again as man and wife without any ceremony
In other states they are compelled to be for
mally remarked. In some states a woman di-
vorced for adultery can be subsequently per-
mitted to marry her paramount. In other states
divorced man and wife cannot remarry with
out. special provision. In some states one
Illicit act constitutes adultery. In other states
adultery can only be properly Cor improperly
proved by a series Of acts or living together Of
the guilty parties. In some states it is held
that only husband can be ''cruel," matrimonl-
ally speaking. wife may pull her husbands
hair, II he has any. or apply broom handle to
him or lock him up in a 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 to be held as assured under all cir
cumstances, yet which is amenable to criti-
cism and open to doubt. While it is no fraud
as regards marriage to assume false character
1T is fraud to assume a false name-a state of
affairs that certainly assumes name to be Of
more Importance than character.
NEW YORK DIVORCE LAWS.
brief summary Of the laws regarding
divorce in the state of New York will be of in
terest in this place. There are six causes which
annul 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 lis an idiot or
Of unsound mind; when the consent of
either party has been obtained by force or fraud:
when either party is physically Incompetent;
and when the female is under fourteen wears or
age and marries without the consent Of her
legal guardian.
In cases where marriage contracted in good
faith Is afterwards compelled to be annulled the