The St. Johns herald., 1891-09-24
Uniform Divorce Laws.

form legislation in the several States is a timely move in an important direction. There are many subjects on which such uniformity is highly desirable-bankruptcy, commercial paper, wills, etc.-but none of more pressing importance or closer con- cern to the people than marriage and divorce. One law of marriage and divorce for one people would seem to be as much a matter of course as uniform system of cur rency. Yet the American people are subject in their domestic rela- tions to forty-odd codes of law-an anomaly not found in any other civilized country in the world. If these various statutes were uniform or nearly so 1t would make little difference how many there were. But, as a matter of fact, they are far from being uniform. On the con- trary, scarcely two of them are alike, and many of them present conflicts that give rise to grave evils. Cases are constantly arising in which only the courts can deter mine whether woman is a wife or a mistress, a widow or a false claim ant; whether children are legiti- mate or otherwise, whether certain persons are heirs entitled to inher- it or not. This doubt arises from the uncertainty of the law as 10 what constitutes a valid marriage. In one State Q formal ceremony is required ; in another a mere verbal agreement of the parties is suffi- cient. Still greater evils are pre- sented by the varieties of statutes relating to divorce. In some States the divorce laws are so rigid that it is difficult to sever the marriage tie. In others the marital obligations is as easily thrown off as taken on. In New York there Is but one ground of divorce Elsewhere a dozen may be found, including the most trivial things. In one State the applicant must show a years residence. In another six or even three months will do, Here divorce defendants are forbidden, there they are free 10 marry again. Whether severance of the marriage relation should be made difficult or easy is a point on which opinion differs and will diff fer. But there can be no question that there should be one rule for all that the law of divorce should be the same in every State ot the Union. It should be no easier to get a divorce in Dakota than in New York and no harder to get one in Pennsylvania than in Illinois. Tine tue remedy for the we'll known evils which spring from this diver sity of marital statutes is a nation al law of marriage and divorce. But that law can come only from Con- gresS when it has been empowered to legislate on the subject by con- stitutional amendment. The adop- tion of such an amendment is out of the question in the near future. The only remaining course is uni form legislation in the several States. To bring about this legis- lation is the task undertaken by the American Bar ASSoclatlOn. It Is not a new idea. Movements having the same end in view have been started in several States. Like all great reforms the progress of this one must be slow. But the cause is steadily gaining in strength and popularity. Never has there been greater reason for its success, now that the courts of one State are be- ginning to question the validity of divorce granted in another to per sors who have gone there for no other purpose than to get a divorce. New York Herald.
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