Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-07-14

two years in the District Is required before
one can maintain a suit for divorce here,
and to the furthe: credit Of the District
supreme Court. a decree Of divorce cannot
be secured as a judgment In default. That
Is, not even where the defendant In q d.
vorce suit fails or refuses to make q de-
Tense Will decree be granted until after
the complaining party has proven by COM
petent and sufficient evidence the allega-
tons contained in the bill Of complaint
Even in such case. weeks must, under the
rules Of the court, elapse before a divorce
can be obtained. Upon the filing Of a peri-
ton for divorce. which petition must be
filed In the equity branch Of the District
supreme Court, notice to that effect Is at
once served by the marshal upon the de-
PENDANT. who has twenty days therefrom,
exclusive Of Sundays and legal holidays in
which to answer. Where the defendant can
not be found In the District, and II Is shown
to the court that the defendant is a nom
resident or has been absent from the Dis
trict for six months, notice Ia then served
upon the defendant by publishing In the
washington Law Reporter and also in one
or more of the newspapers published in
Washington the object and grounds of the
application. This notice must be published
such a number of times for the space Of
three weeks as the court directs. The clerk
Of the court must, on or before the first day
Of such publication. mail a copy Of the petit
ton for divorce to the defendant, addressed
to his or her last known place Of abode.
Proof of Material Facts.
When these requirements have been per-
formed, the court refers the case to an ex-
aminer or commissioner, who thereupon
takes proof of all material facts. Witnesses
Of course, OIL both sides are examined, ard
upon the completion of the testimony the
case is placed upon the calendar Of the
court. II the defendant has not been found
or refuses to answer. the hearing before the
examiner or commissioner is, necessarily, q
one-sided affair. But as stated above no
judgment by default IN q suit for divorce is
allowed here, and the witnesses for the
complainant are duly examined. The fact
that the defendant was not found or refused
or failed to answer is, of course, duly certi-
ned 10. After case has reached the calen-
dar OF the court, 1t may be heard in a few
weeks, or the court may be so much occu-
pied with preceding cases that several
months may eiapse before it is reached.
But where the defendant has been proceeded
against by publication. at least thirty days
must elapse after the filing of the testimony
before the case is even placed upon the
calendar of the court.
The case having been reached the testi-
n ony taken is read to the Judge by counsel
and copy of it furnished to the court
Ihen, after hearing arguments. the judge
takes the case under advisement, and subse-
quentIy renders mis- decision.
No Rule as to Time.
There cannot be said to be any uniform
rule as to the length of time required to
obtain a decree of divorce, for the time
elapsing between the day CT the filing of
the petition and the granting of the d.
vorce depends altogett err on the circum-
stances in each case. Even where no de-
Tense Is made. something like sixty days
must necessarily intervene. Hence there
can be no railroading of a divorce suit
through the local courts, even where both
parties are equally anxious for separa-
lon- When the judge reaches q conclusion,
ne notifies counsel, and the counsel of the
successful party draws up the decree, in
accordance with the courts decision. AS a
rule, there is seldom an appeal noted in a
divorce suit. but there are cases, of course,
where the defeated party carries the case
to the appellate courts. But such appeals
are lot frequent 1t sometimes happens
that the defeated parties to such suits are
not disposed to obey the order of the court,
and then ii is that the court enforces its
judgment by directing that the disobedient
party be confined in Jail until the offender
relieves him or herself of the contempt
OF court. These acts of disobedience are
generally where the divorced husband Is
directed to pay alimony and fails or re-
fuses to do SO. Only the other day there
was such case, and not until after the
man had been arrested and about to be car
ried off to Jail did he pay the alimony re-
Qured of him.
born to the parties to the suit. one or tn,
other of the parents will refuse to deliver
the little oEes up to the successful parent.
Then, too. will threat of imprisonment
eIforcc obedience. This question of The dis
position of the children is often a most per-
picking enc to the court, but where the
mother, even though the complained-of par
ty, can be safely intrusted with the chill
dren she Is the one to whom they are
given. But a short while ago a SHINING wife
and mother was required to give both of
her little ones over to their father. But
the poor woman so pathetically pleaded to
be allowed to retain one of them that the
judge, upon her solemn assurance that she
would sin no more. granted her PRAYER So
far, the woman has kept her promise and
cheerfully tolls from morn to eve to sup
port herself and the child
Not Encouraged by the Courts.
Divorces are not encouraged by the local
courts. and are only granted VIXEN it is seen
that 1t is to the very best interests of all
concerned that the prayers of the petition
ers She uld be granted. Wherever a reconcil,
iation Is at all possible the courts do every
thing in their power to effect one