The free lance. (Fredericksburg, Va.) 1885-1926, 1902-07-01
Weather forecast for Fred
e~icksburg and Vicinity:
Tuesday fair.
DIVORCES IN VIRGINIA..

DIVORCES IN VIRGINIA.
1t is surprising to learn the num-
Der of people who are divorced in Vir-
ginia each year and that the number
is steadily increasing. There was a
time in this State when such cases
were rare, much TO the credit of the
Old Dominion. We will not stop to
consider the causes. There may be
several reasons, and one of these nav
be that the Legislature has gradually
rendered the obtaining OF divorces
easier than in the time gone by. The
very frequency of such cases has a
tendency TO modify the sentiment
which once existed against them.
We are informed that large ma
jority of the cases are based solely
upon the ground of desertion. There
need be only three years ofcontinued
desertion, where the law permits an
absolute divorce. In about nine out
of every ten OF these cases there Is no
defense.
Virginia for long time. following
our English cousins. held to the old
common law which recognized and
maintained theunity of husband and
wife. Neither could testify for or
against each other Ia any case, ex-
cept in case of personal Violence in
a criminal prosecution. The old doc
trine, however, had been gradually
encroached upon to meet new condi-
tions, but still neither husband nor
wife could testify in divorce cases.
until the Legislaturegave them both
this right, but only in cases based
upon desertion or cruelty.
The wisdom OF this law can only be
proven by time and therefore We are
not disposed to criticise it. but sim
ply to point out possible objections
There may be cases when it will. per
haps, meet the ends of Justice. but it
does seem that if carried TO its full
extent, it would work an Injustice
and greatly facilitate obtaining di-
vorces in Virginia. As an ordinary
case can be decided upon the testi-
mony OF one witness, we should ike
to know what a court is goingto do.
when a case is presented to it. based
upon no other testimony than that
OF either consOrt, with no corrobor-
ating circumstances, proving deser
ton or cruelty. If court feels itself
obliged, under the law, to permit this.
and who can say it will not so fee. how
smooth is the path made to annul
the sacred contract" In a suit for
divorce brought by the wife against
the husband on the ground of cruelty. |
1t may be either distressing. amus- /
ing or interesting to read the record 1
OF grievances and family quarrels as
detailed by husband or wife-matters.
which for centuries for the peace of
families, the law has never permitted
to be told in Court by either. The new
statute says they can testify. there /
lore it is possible they may concur in
their testimony, and thus it NAV be
they are seeking to obtain a divorce
by mutual consent, through the forms
of law, which in all che history of the
State has never before been permitted
1t has been the policy to hold the
bond ofmatrimony inviolate. because
conducive to the happiness of the
families and the honor of children
that husband and wife should feel
that they We're bound to live together
when they entered the union. and
could not sever it, except for graver
oitenses against it. We believe in
changes in the law to meet new con-
ditions, Tor as the world moves on
the law must be changed. vet We can
but wish, if the Legislature win not
retrace its steps, it win go no further
IN smoothing the way to obtaining
divorces. Even in this day it NAV he
well to adhere to some old tbjnrs
which have been the honor and pride
OF the State. We are still old fashion
enough to hold to the scriptural in.
junction, what therefore God hath
Joined together, let not man put
asunder."