Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-05-22
THEY ARE TOO LAX
Our Divorce Laws Permit
Promiscuous Separations
WITHOUT SUFFICIENT INQUIRY
Judges Severens, Adsit, Buriingame and
Haggerty Offer Opinions on the
Great Question of Divorce.


Michigan's divorce laws are generally
regarded as being lax. To be sure, the
state has not yet earned reputation
equal to that enjoyed by Illinois and
South Dakota. vet 1t is nevertheless =
fact that the holy bonds of matrimony
can be broken in Michigan for causes
quite az trivial as in the most accom-
modating state in the Union. From
violation of the Seventh commandment
to undue familiarity along the shrink.
ing spine of q bedfellow with the pedal
extremities when in q chilled condition,
the causes for divorce are as innumera-
bic as the sands at Ottawa beach.
Nearly every day such cases are begun,
tried or ended in our circuit and su-
perior courts, and the decree of the
Judge from the bench keeps pace with
the benediction OF the minister at the
bridal altar. Naturally enough these
cases attract more or less attention.
and the question presents itself,
"Where will the marriage estate drift
unless greater sanctity be thrown about
itr' Below will be found the opinions
of some Of our judges on the law; on
the facts the daily papers furnish ma
terial for forming correct judgment
by the people.
Jadgs seversns.
Judge Severens Of the United States
court, said: my familiarity with this
subject is not 90 great as it might be If
divorce cases came within the jurisdic.
ton of the United States courts.
shall have TO speak Of the question
more from the point Of view of the
general public. Ny observation leads
me to believe that there has of late
years been quite considerable IN
crease in the number Of divorce cases.
believe that their frequency is injuri-
Gus to public morals. But there are
two sides to the question. NY own
conviction is that the facility with
which divorces can be obtained has y
tendency TO impair the strength OF
public morality. l should not recon-
mend the entire abolishment of the
laws providing for divorce, but think
tie grounds on which divorce may be
allowed are quite too wide. The diff
Guilty is not 40 much with the laws
themselves as IN the very free and lax
Interpretation of them, and in many
cases the too lax regard for the funda-
mental requirements in their practical
administration. Some courts admins
ter the law with due regard to their
true meaning and purpose, but in too
MANY instances divorce cases go
through in perfunctory way, and es-
pecialIy 10 this true where both parties
are conniving at the divorce. In such
cases it seems TO be easy to impose
upon the courts and accomplish the de.
sired result, the real truth Of the mat
ter being kept in the background and
concealed from the court. 1t 10 worthy
of consideration, in my opinion, to pass
law which shall charge the attorney
for the state, called here the prosecut.
ing attorney, with the legal duty of in
the direction of the court, especially
where good reason is found TO exist TO
defend the case IN the interest of the
pubic. The laws Of Michigan are
looser than those OF New York which
are modelled after those of Great Bril-
tain. In most states the laws te nd to-
ward laxity. In New York they keep
more closely to the analogy Of the En-
glIsh statutes than elsewhere"
Judge Adsit
Judge Ads,t--(ieueraily speaking l
CONSIDER the laws of divorce too lax.
OF course it 10 hardly TO be expected
that any law will fit every case. Many
divorce cases ought never TO lie brought
into court. But the weakness Of the
laws lies with the people and il they
don't want SUCH things 70 exist they
should cnange the law. Nine-tenths
of the cases which come before me
have no defense. But the court has
no discretion in interpretating the laws,
and they are ut present capable of q
very vide Interpretation. Many cases
are brought 10 Michigan from New
York, the New England states and
Canada. Tho interested party lives
here long enough to become legal
resident. The period Ia but two years
| though in Dakota IL ~ but ninety
days. In such cases the de
| PENDANTS have nothing 10 say in
| the matter. / am sure that I AM
safe in saying that in nine case,
| out of ten that have been before thu
/! court the defendant did not know thai
| the case was before the court. Because
| the divorce laws OF the eastern state,
are more stringent than in Michigan
many come here. In the east they
| would not have been able 10 get dI
vorce under any circumstances bu
| here they found IL very easy. The
| cyurts have no control over those cases
| in which the defendant never appears
II is very easy for the complainant 4
| make out case TO fit some lax law
and the court has no discretion in thu
| matter. The number of default cases
10 alarming. Since my term on thu
bench began, one year and three
| months ago, ! have granted as DEGREES
1 and IN not more tnan FIVE or six hal
there been any defense. In my opinios
1 there are over 200 DEGREES
Of divorce granted by ths
various eoults la this city in a year
For nay own part | believe in pretty