The Topeka state journal., 1897-08-25
A Committee Appointed By the
National Bar Association
Has Prepared a Bill to Secure
Uniform Divorce Laws
IN ALL THE STATES.
Applicants Must Reside in the
State Two Years.
Proceedings Must Be Conducted
in Open Court.

Cleveland, Aug. 25.-At the meeting here
of the uniform law commission, a ere
alton of the National Bar association,
John c. Refchberg, of Chicago, as chair
man of special committee appointed for
the purpose, reported draft of a divorce
bill for adoption in all the states to be
submitted to the National Bar associa-
ton. If the association approves of it
the members will urge its adoption by
their different legislatures. The bill is
modelled after the divorce law in force in
the District of Columbia, which of ne
cessity was drawn by committees of con-
gress, which represent the entire country
The bill provides in brief that no per-.
son shall be entitled to a divorce who
has not resided in the state two years
before bringing suit, nor unless the de-
fendant shall have been personally served
within the state or shall have Voluntar-
lily appeared in such action. No divorce
shall effect the legitimacy of children of
such marriages, except where it shall be
declared void because of a prior mar
riage. The proceedings shall be had in
the county where the complainant re-
sides, but process may be directed to any
county in the state. If it shall appear to
the court that the defendant is non-resi-
dent at the time of application for di-
vorce, and that the cause of action arose
while the defendant was domiciled in the
state and the defendant has been absent
from the state for year after the return
of summons not found, the court
may authorize notice of the suit by pub
Hcation. The court must hear the case
by examination in open court, and di-
vorce shall not be granted in default un-
less the judge shall be satisfied that prop
er means have been taken to notify the
defendant and the cause of divorce has
been fully proved.
o&o% afs-xy
may be proved by the Acknowledgement
of the parties, their eohabitation and
other circumstantiai testimony. The
court shall prohibit the husband from in
terfering with the personal liberty of the
wife during the tendency of the suit. The
court may make such order as to the
custody of the children may be deemed
expedient. The court shall make an al
1owance to any woman suing for divorce
who is too poor and unable to pay the
expense of the suit. The court may re-S
Quire the husband to pay to the wife
money for her support during the pend
ency of suit and to maintain or defend
her suit, and may also enforce the pay
ment of alimony. The court may allow
a divorced woman to resume her maiden
name or that of any former husband. The
court may compel the conveyance of
property after a divorce by either party
when it appears that such property be-
longs to the other. When a marriage is
dissolved either party will have the right
to marry again. The concluding section
of the bill provides fine of not less than
500, nor more than $1,000 and imprison-
ment of not more than one year nor less
than three months or both, for anybody
who publishes in any way notice of any
kind with the intent to procure or aid in
procuring any divorce.
The belief is generally expressed by
members of the commission that the bill
will be approved by the National Bar as
sociation in which case systematic ef-
forts will be made to have 1t adopted in
all the states.