New-York tribune., 1885-07-20
rrcryr DIroRcE LEGISLATION

There have been some recent Interesting
changes in divorce legislation, notably in the
State of Maine and in France. Under the law
which prevailed for many years IN Maine the
court had power to grant an absolute divorce
whenever il appeared 10 the trial Judge to be
"reasonable and proper. conducive to domestic
"harmony and consistent with the peace ana
"morality of society," This was n most cxtraor-
binary discretion to vest in any court Inc
individual opinion of the judge rs to whether
domestic happiness or public morality would De
promoted by the granting of n divorce took the
place of definite legal grounds for decree. IL
is easy to conceive that snch discretionary
power must work mischief IN some judicial
hands 1t is not surprising that the alarming
number of divorces that came to be granted
and the abuses that existed under such n law
should have aroused public sentiment to
demand the enactment Of more rigid require
ments The new law, subject TO certain
restrictions a. to residence, permits absolute
divorce on the grounds on which either ab-olnte
divorce or annulment OF marriage Is granted
in this State; il also allows the same relief in
case of extreme cruelty, utter dcscit'on Tor
three consecutive years, gross and confirmed
habits of inioxicati0n, aud, 10 the VIE, Tor the
husbands wanton refusal to provide suitable
maintenance for her. But the decree does not
become absolute until six months after 1t is
entered and in the meanwhile the court may
At any time interfere To prevent It's maj
eperation. After that, even the successful
party is not allowed 10 marry again without the
permission OF the court until two years have
expired. The defeated party can only marry
after the two years have expired, and then only
with the formal permission of the court That
legal apomaIy-a limited divorce-has no
recoanition under this law. The statute has
been in operation more than n year, and its
results are considered satisfactory. The
number OF divorces has materially decreased,
and the benefits of the change became more
marked at each additional term of the chief
divorce courts in the State.
The divorce law that was enacted in France
IN July, 1884, is of especial Importance as IN
'udication of the changed sentiment of the
French people 1t is less than hundred years
since the first divorce law was passed in France,
and that was an outcome OF the chaotic con-
dition of society that resulted from the RcvO-
luton. 1t virtually gave divorce to whoever
desired one. Under Napoleon reasonable and
definite divorce law was enacted in 1903 and
continued in force until in Sl6 the re establish
ment of the monarchy led to its repeal From
that time until July of last year no method of
divorce was recognized by the French law.
Those who advocated the new measure met
with strong opposition from that large and
influential part of the French people who had
not ceased to regard III rragc as an indssoluble
sacrament. The new law is similar in many
respects to that of 1903. The most marked
difference is that divorce cannot now be OBJ
tained, rs then, by "mutuil CONSENT But
decree OF either limited or absolute divorce will
be granted for the mid City of either party,
condemnation for an Infamous crime, extreme
cruelty, or other similar wrong. a limited
divorce may b. made absolute at the end of
tbTee years. The statute rs first passed was the
result of compromise, and doubtless will soon
be more or less modified. But its repeal does
not seem ut all likely. and hereafter France
may be reckoned among the countries where
the problem Of regulating he dissolution of the
marriage contract for the benefit of society Is to
be worked out.
The practical operation and consequences of
the new laws, both in Maine and France, must
still be considered largely experimental. But
they are not only interesting experiments but
of Importance to society in every civilized
country. Opinions will differ as TO the wisdom
of some of the provisions in each instance. But
the results will be marked and followed with
deep concern by every ono who cares to see
preserved the great mainstay of advanced