The Globe-republican., 1892-05-02
The Divorce Evil

The demand for a uniform divorce
aw which is so persistently made I'M
.Oubtedly comes from those who hon.
silly believe such a reform a desir-
BILE one; but it is about as illogical a
iemand as can we'll be conceived.
there is no evidence whatever that
he worst of the evils of our divorce
ystem spring from a lack of uniform
ty of the divorce laws of the several
states, or even that the evils which
10 spring therefrOm are very serious.
The objections raised to a lack of
Uniformity are based for the most
part on the uncertainty which some
times arises as to the legal status of
divorced persons or their right to
marry again, and this is certainly a
minor evil compared with some of
those which are traceable to our di-
vOrce system. If uniformity could
cure these evils without inflicting
worse ones on the community there
would be no objection to it beyond
the strong objection there is in gov
eminent like ours to giving to the
federal power control over the mat
tiers which belong to the States. The
unfortunate probability is, however,
that uniformity would inflict worse
evils than it could by any possibility
cure. Any uniformity which could
be secured by the consent of three
fourths of the States-and no uni
fOrmity is attainable without such
cOnsent-wOuld almost inevitably
embody the worst features of the ex-
listing State laws; or it is not conceiv-
able that the States which have taken
such pains to make divorce easy
would assent, merely for the sake Of
having uniform law, to more severe
restrictions.
The real evil of our divorce system
is not lack of uniformity but laxity
in the matter of granting divorce
The ease with which the marriage
tie is dissolved is the crying disgrace
of the country; and while there are
cases, no doubt, where a good deal Of
wretchednesS is saved by the inter-
position of the courts, it is not haZ-
ardlng too much to assert that
the sum total of human wretch
edneSs would be materially lessened
if there were no such thing as
divorce from the bonds of marriage.
tits almost absolutely certain that
if such were the condition of our laws
there would be far fewer of the i'm
prOyident and reckless marriages
which are the sure precursors of di-
vOrce. 1t is true, probably, that the
contractors of these marriages do not
say to themselves i'm so many words
that there is less need for care and
prudence in marrying because the law
affords an easy relief from an unhap-
py marriage, but there can be no
doubt that this consideration is very
often present in the minds of one or
both of the parties. Apprise them
that there is absolutely no release
and there will certainly be greater
care and prudence in assuming the
married relation.
1t Is certain. moreover, that the
discussions of the married which are
sometimes so bitter, and which end
frequently in tragedies which startle
the community and blight the lives
of whole families, would be far less
frequent than they are if the courts
did not stand open with a promise of
relief. 1t is nOtOriOuS-aS any lawyer
who has done a divorce business will
tell yOu-that in the vast majority
of cases where divorce is sought on
the ground of cruelty or incOmpati-
bility of temper the parties have man.
aged to endure each other with great
'Other woman" appeared on the
scene. Then the cruelty becomes in
tOlerable and relief is sought in the
divorce court. Notify the married
that they must settle their differences
and disagreementS among themselves
and that there can be no absolute di-
vOrce which will permit new alliances
and f1ye-SiXthS of those differences
will be amicably settled. 1t was so
in the old days before divorce was
made so easy and became so common.
There were cantankerOuS men and
Schrewish, aggravating women in the
days of our grandfathers and grand
mothers and they used. no doubt, to |
harry and nag one another at times |
in the most eXasperating way. But |
becase they knew that they must put |
up with one another they did 1T and |
settled up their quarrels without |
scandaliZing the public or their |
families or shooting anybody. Their
descendants would do the same if
they were compelled to.
1t is too late in the age, perhaps,
to abolish divorce altogether; but it |
would be great boon to the COM
munity if the province Of the abso-
lutte divorce were very greatly re-
stricted, and if in every case where it !
is granted the divorced were re-
strained for considerable period |
from remarryiDg. For large ma
jority of the cases in which relief |
from cruelty is asked and ought |
to be granted a divorce from bed
and board would furnish the relief
o.