The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-18


sided together in state. three years; other
wise FIVE years: guilty party cannot re-
New ACKNOWLEDGEMENTS cruelty; convic-
viction of crime and Imprisonment for one
year: where either party has treated the
other so seriously as to in5ure health or
endanger reason absence three years un-
heard of; habitual drunkenness three years:
physical incapacity; where the other mas
Joined any society which processes TO be-
iieve the relations of husband and wife un-
fusai to support: where wife has resided
out of State three years without his con-
sent without returning 70 claim nsr mar
resided in State three years end her hus-
band has left the United states with the
intention of becoming a citizen OF another
country. not having made any suitable pro-
vision for her support. On or other of the
parties must be a resident of the state one
year. unless both parties are donllciled IN
State when action was commenced. or the
defendant was served with process IN state.
plaintiff being domiciled therein. EItner
party can remarry.
New Jersey-Willful, continued and OBJ
stinate desertion for two years: physicai
fncapacity: extreme cruelty. Required resi-
dence three years. No statutory provision
as to remarriage.
New York-No absolute divorces granted
except for infidelity. The following mar
riages are ~voidable: Woman under age of
sixteen, when married without consent of
parent or guardian. consent obtained by
fraud, force or duress; physical incapaeity;
idiot or insane.
REQUIRED reS10enCe one year, where mar
riage is annulled for any of the above rea-
sons, either may remarry, but in an abso-
lutte divorce granted for infidelity, the
life of the other. With these exceptions,
this prohibition is not extraterritorial. and
If the guilty party inarries OUT OF the state.
in accordance with the laws of the state
in which the marriage is solemnized, the
marriage will be held good in New York.
in the the snls1y Yd paFt sou ray TO I marry " ag pain' upon
proving that the other party has remarked,
that five years have elapsed since the di-
vorce and that his conduct mas been uni
formly good during that time.
The courts of every State, and partlcu-
larly of New York, are very jealous of their
jurisdiction and generally refuse to recog-
nize as valid a divorce against one of the
citizens of the State by the court of an
other State unless both parties to the suit
were subject to the jurisdiction of the court
granting the divorce.
New York permits polygamy. and ~polandry
in certain cases. DeSertion for five years
without knowledge that the deserter is liy-
ing permits the one deserted to marry again,
and the second marriage is valid, though
the deserter returns. The second marriage
may be declared void, but only from the
date of the decree by a court of competent
jurisdiction upon proper petition. But If no
such petition is made and all parties are
satisfied. one husband may live in lawful
wedloek with two or more wives or one wife
with two or more husbands. The children
will inherit and both wives will be entitled
to dover.
NEW BOOK ON DIVORCE.
Mr.. Henry c. Whitney has just written a
book on divorce, in which he treats this vital
question in all of its bearings. lie has spent
years in making himself acquainted with all
the intricacies of divorce, and he announces
many startling facts. 1t is not a fiippant
essay, but a judicial discussion, and at the
same time a warning to the people who are
willing to take any measures to get rid of
each other to be careful of their actions, be-
cause unreasonable embarrassment and
sorrow may be the result.
Mr.. Whitney is not a fanatic and he says
plainly that divorces under the present or
der of society are necessary in. certain
the most forcibIe manner the encourage
ment of divorce by the lax way in which
some of the States treat the matter of mar
riage. Ia his preliminary chapter he says:
Society has no right to complain of the
granting OF divorces provided the sound
discretion OF our courts or general Jur1sdic-
ton pronounce such divorces necessary and
proper"
He is especially severe in his treatment
of fraudulent divorces and gives his read
ers fair warning that endless trouble ard
litigation may be the reult If a couple are
n fa 2 The d hn,1'1 4 when matters 9 get
a way that il will hold good under all cir
cunstances. To fly to a State where laws
a "shyster,'' who simpy wants his fee and
who Juggles with the case, is simply to
fly into a spiders web and allow yourself
to be tangled up for a lifetime.
He depreeates the disturbance of family
relations. but at the same time looks at
society as it is rather than as it ought to
be, and asks: What is it best to do I'M
der circumstances which, for a while, at
least, are beyond our control? For exam
pie, a woman cannot endure cruelty and
sdesertion. She is entitled to protection and
companionsfsp. and when these are wrest-
ed from her she ought TO have redress.
Necessity demands it,; morality demands Ii.
The divorce law is not accountable for
a strong brute beating a frail woman whom
he has sworn to cherish and protect, nor
yet is it responsible for one who, having
to perish or suffer. and a law which fur
nishers her with even an imperfect relief
is a needed and beneficial law
There are some. strange cases put for
ward as pleas for getting divorces. One
which appears to be very popular, and which
is found in the greater majority of the
South Dakota complaints, is mental an
guish and cruelty" This cause has puz-
Zled many an able head. The other day q
Tennessee court liberated a wife because
the defendant does not wash himself. there
by causing the plaintiff great mental an
guish.
Divorce is certainly not a new institution.
for as far back as H~eliogabalus we read
she had a mole on her shoulder. To quote
some of the old Romans: "Gallus divorced
his wife because she ran about with her
head bare. .Vetus got rid of his because he
saw her talking with a freed woman; So
plus because she went TO the theater; Ae-
milius Paulus because he did not like her.
The modern man and woman appear to
have more tangible reasons for desiring
freedom. For instance: "a decree was
granted in Massachusetts because the de-
the night GuarreliDg." "A Michigan wom-
an was released because the husband did
not provide the necesSaries of life, saying
he would not work his toe nails off for any