Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-11-20
DIVORCES NOT NUMEROUS.
Attorneys Show Kent County Not Pre-
eminent in That Line.

Attorneys Show Kent County Not Pre-
eminent in That Line.
"People generally seem to carry the
idea that divorces are much more
numerous in Kent county than any
where else on EARTH" eAid ex-Judge
Birney Hoyt - be Strengthened up in
big rocking chair in thu bay window of
his law Office the other day. "Well.
aren't they? queried . reporter for
The HERALD in search of something
new. al don't believe they are" re-
piled tho judge, land in fact know il
cannot be SO, judging from the CON-
paratively large number granted In
smaller counties of this state and also
from the leniency of the statutes in
other states in that regard.
THAT reminds me-. said the Judge,
''of another popular error. Persons
read your newspaper accounts Of
divorces being granted and imagine
the whole affair 10 optional with the
Judge vino hears the ease. We hear
those, especially some ladies, who are
ready to condemn our courts for being
so easily led, as they express it, to
grant divorces. Now that criticism il
entirely unjust. In our state the Judge
is bound by the strictest Jules OF law in
those matters. 1t is never within the
discretion of any court in Michigan to
grant divorce In any case. His only
discretion is between divorce as to
bed and board or divorce from
the bonds of matrlmony. Our
Judges cannot In any case grant d.
vorce except for certain statutory
reasons. ItIs unreasonable to presume
that there are more divorces here .han
in other states, for the reason that the
laws of nearly all the latter have ~ many
causes for divorce as ours do, wh:lc IN
many OF them there are moro causes,
and In some stst3s much moro dis
erection allowed the court. Our judges
must consider the proofs as presented.
The majority of the divorce cases are
not contested by the other party, aud
the conclusions are reached rs surely
as in trial at law of q suit 10 recover
on = note"
Inquiry among other attorneys
brought out similar expressions, most
of them averring positively that conf
par,son with the less populous counties
Of this state would show up proper.
tionately in Kent couGty's favor. As
to state comparisons, II was easily
demonstrated that Michigan 10 not 1t
al in II as compared with certain
others. In Michigan the causes are
adultery. incompetency at time Of
marriage. sentence of either party TO
prison Tor three years or more, cruelty.
nabitual drunkenness contracted Gnce
marriage, failure of husband to pro-
vide sufficient maintenance while being
Of sufficient ability, and where either
party has obtained adivorce in another
state the other party can procure . de-
cree IN this state.
In Kentucky and in Florida proof of
ungovernsbIe temper jus.ifies divorce.
In Missouri, Oregon, Pennsylvania,
! Tennessee, Washington and Wyoming
indignities such a. render life burden.
some. In Virginia being . fugitive
| from Justice. In Rhode Island gross
misbehavior or wlckedness. In Kansas
and Ohio any gross neglect of duty.
| In Massachusetts aud New Hampshire
three wears with any religious ssciety
| that CONSIDERS the marriage state un-
| lawful. In Kentucky settled aver
sion which tends 10 destroy peace and
happiness. In Missouri and Wyoming
vaerancy OF husband. Connecticut.
| Name, IlliHols, Indiana, Iowa, North
Carolina, Washington and Kentucky
have each had statutes allowing dis
crstlon 90 the court ~ matters st d.
voree, but Michigan has never had any
such law. Ia Maine and one or two
other states such laws have more re-
Gently been repealed In Connecticut,
Kentucky and Washington divorces sre
allowed "for any cause deemed saf5-
cent by the court" ard in Name
whenever conducive to dowestlc bar
mony and consistent With the peace
and morality OF society" Ire divorce
laws Of Illinois are slso notably ienIent,
~ are those OF other states not above
noted, con1psrison with which n de-
csdedly favorable to MicbEaB.