Daily globe., 1883-07-12
DTTORCE.
Cwriosities of Divorce Ld.cs in the United
States.
from the New York HeraldJ

easy has marked the legislation of the
United States from the beginning.
Adultery, the prime and everywhere
all-suficient ground for divorce, has
been more and more leniently treated
every half century or so. Allusion has
been made at various times, in gene
raj way, to the diversity of divorce laws
in the different States and Territories
of the United States. In Alabama, for
example, not only does adultery COM
mitted after marriage afford a ground
for divorce, but adultery or immortality
committed before marriage can, when
discovered and proved after marriage,
vitiate and dissolve the marriage. In
Georgia not only insanity, but mere
mental incapacity, is legal ground for
divorce. In Kentucky certain forms of
disease afford legal cause for divorce.
In point of fact Kentucky allows divorce
for more causes" than any other State
in the Union or country in the world.
A man and wife can obtain divorce from
each other on sixteen different causes"
in Kentucky.
In Maine the saying of the wag holds
good, that, though it is hard to get a
drink, it is easy to get divorce" The
law there reads: divorce may be de-
creed when the Judge deems it reason
able and proper, conducive to domestic
harmony and consistent with the well
fare of society,"" In Illinois also large
discretionary divorcing powers are
granted to the Judges, in addition to
the seven legal causes allowed for di-
vOrce. In Delaware adultery itself does
not neceSsitate the granting of divorce.
1t depends upon the party committing
the crime. If the wife sins then the
husband can legally demand an abso-
lutte divorce; if the husband is the Of
fender then the wife is only legally
entitled to q partial divorce or separa-
ton. This may at first glance seem
unfair. Yet it is based upon one sound
argument and conceded fact. The sin
of the husband and father cannot affect
the status of the children of a family,
but the sin of the wife and mother can
and does. In Nevada failure or neg
lect upon the part of the head of fam
lily to provide the "necessaries" of life
for said family constitutes legal
ground for divorce. "Lunacy at the
time of marriage" is specified in the
laws of Nevada as vitiating the union.
If "love is lunacy," as some philoso-
pliers hold, how can any marriage be
legal? Beside, the momentous question
arises, under the laws of Nevada, are
"new bonnets" counted under the head
of "necessaries? ?"
North Carolina, theoretically at least,
must be "a State of easy divorce"
"Any just cause, at the discretion of the
Judge" is allowed to dissolve the mar
riage tie. Rhode Island allows "gross
misbehavior OF wickedness" in either
party to constitute a ground for di-
yorce.
II Connecticut the famous as
some hold, the infamous omnibus
clause" became a part of the code.
This omnibus clause" provides that
any such mischief or misbehavior as
permanently destroys happiness and de-
feats the purposes Of marriage" shall
constitute a legal ground for divorce.
Sucl provision as this would be con-
yeniently sensible if it could only be
settled beyond a peradventure what
sucl mischief or misbehavior was in
eacL particular case. In Tennessee an
attempt against the life of one party to
a contract by the other party was held
full and sufficient legal ground. But
IN 4 recent case in New York city, where
the wife attempted one night to strangle
her husband in his sleep, the husband
was advised that he had no legal
grounds for a divorce, adultery being
more "matrimonially available" than
murder. In Virginia if a woman is
discovered after marriage to have borne
a bad character deservedly before mar
riage, without her husband becoming
aware Of that fact till after marriage,
then the husband becomes legally en-
titled to a divorce. In this case the
man is held as having been married by
the woman under the false pretense of
good character. And if either hus-
band or wife has committed crime
before marriage, and said commission
Of crime is not discovered by the other
party til after marriage, then the in
noceat party is held to be entitled to a
divorce from the guilty party.
SQUIRRELS P4WS.
One thing that probably goes to make