The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-08-25
GENERAL DIVORCE LAW
PROVISIONS OF A BILL PREPARED
BY A COMMITTEE OF LAWYERS
For Presenta ton to the National Bar
AssOciatiOn-MOdeIe After the Dis
trict of Columbia Act.

CLEVELAND, O., Aug. M.-At the meet
ing of the uniform law commission. to-day
Mr.. John c. Reichberg, of Chicago, as
chairman of a special committee appointed
for the purpose, reported draft of di-
vorce bill for adoption in all the States, to
be submitted to the National Bar Associa-
ton. If the association approves it the
members will urge it's adoption by the diff
ferent state legislatures The bill is mod
eled after the divorce law in force in the
District of Columbia, which, of necessity
was drawn by a committee of Congress,
which represents the entire country.
The bill provides, in brief, that no person
shall be entitled to a divorce who has not
resided in the State two years before bring
ing suit, nor unless the defendant shall
have been personally served within the
State or shall have voluntarily appeared in
such action. No divorce shall affect the le-
gitimacy of children of such marriage, ex-
cept where it shall be declared void be-
cause of a prior marriage. The proceedings
shall be had in the county where the COM
plainant resides, but process may be di-
rected to any county in the State. If it
shall appear to the court that the defend
ant ~ a nonresident at the time of applica-
ton Tor divorce, and that the cause of ac-
ton arose while the defendant was dOmi-
been absent from the State for one year
after the return of one summons not found
the court may authorize notice of the suit
by publication The court must hear the
cause by examination in open court and di-
Vorce shall not be granted in default unless
the judge shall be satisfied that proper
means have been taken to notify the de-
PENDANT and the cause of divorce has been
fully proved.
Marriages in a foreign state or country
may be proved by the acknowledgment of
the parties, their cohabitation and other
prohibit the husband from interfering with
the personal liberty of the wife during the
tendency of suit. The court may make
such order as to the custody of children as
may be deemed eXpedient. The court shall
make an allowance to any woman suing
the expense of the suit. The court may re-
quire the husband to pay to the wife money
for her support during the tendency of
suit and to maintain or defend her suit,
and may also enforce the payment of ali
mOny. The court may allow a divorce so
or that of any former husband. The court
may compel the conveyance of property
after a divorce held by either party when
it appears that such property belongs to the
other. When marriage is dissolved either
party will have the right to marry again.
The concluding section of the bill pro-
VideS q fine of not less than 500 or more
than 81, 900 and Imprisonment of not more
than one year or less than three months
or both, for anybody who publishes in any
way notice Of any kind with intent to pro-
cure aid in procuring any divorce.
The belief is generally expressed by men,
berS of the commission that the bill will be
approved by the National Association, in
which event systematic efforts will be
made to have it adopted in all the States.