Omaha daily bee., 1903-03-29
DIVORCE LAW OF NEBRASKA
Matrimonial Moose Slips Easily in tb,
Antelope State,
BAR ASSOCIATION URGES A REFORM
would Mskc % More Dimcu for
Nonresidents 60 Ob,ain Relief
from Mistakes Made
by Cupid.

PERSONS VINO are married ana SOTfy OF H.
and who intend to rid themselves of the
yoke by appeal to Nebraska courts. had
better hurry. for II the State Bar associa-
tion succeeds in doing what 1t recently
pledged itself to do in the matter Of Sc
curing a change in the laws. the process OF
radiance will be a great deal more tedious
and trying than It now is. There still re-
mains a popular habit OF laughing at Da-
kota divorce laws, but for Just ten years
last past the South Dakota laws have been
doubly as e~xacting as those OF Nebraska.
Indeed, it is a question IL there is now an
other state in the union where divorce is
so easily and so quickly obtained as in
Nebraska. Well informed lawyers say not,
and as circumstantial evidence there are
the known facts that during the year 1902
divorce petitions filed in district court here
numbered 314, or % per cent OF the total Of
civil suit filings, and that among those who
have obtained divorce we're three stage
people, one from England, and many others
who have bought no property here and who
have given no indication OF an intent to re-
side here except their afidavits. which
could not well be impeached at the time OF
trial, with no evidence 10 the contrary in
the hands OF the court.
Reform That Is suggested.
The course to which the Bar association
pledged itself at its last meeting. by adopt
ing without dissent the report of its iu-
dietary committee, submitted by Judge Let
ton as chairman, is, in brief, the promoting
Of legislation which shall provide that no
divorce shall be granted for any cause aris-
ing prior to the residence Of the petitioner
or defendant in this state which has not
ground for divorce in the state where the
cause arose; that none shall issue to any
one not a resident of this state for a year
prior to starting the action; that in the
event of the cause arising out of this state
none shall issue until the petitioner has
been a resident Of this state at least two
years, and, finally, that none shall issue
unless there has been personal service II
the defendant is within the state or per-
sonal notice IL outside the state, the pro-
viso being that where full and careful re-
search fails to discover the defendant the
court may authorize service by publica-
ton, but hold the decree to be not final
until six months after rendition.
The radical change which this means, II
the association succeeds in getting it's laws
passed by the legislature as proposed, is
obvious when one reads the present statute,
worded thus, in section Z, chapter xvii:
~ ulNOANt Sldl ne BIdnIcu unless the
complainant shall have resided in this state
for six months Immediately preceding the
time of hling the complaint. or unless the
marriage was solemnized in this state, and
the applicant shall have eside therein
from the time of the marriage until the
time of filing of complaint.
Thus for Nebraskans the term Of resi-
dence necessary is heightened by the pro-
posed change from six months to one year.
and for parties resident outside Nebraska
when their troubles arose, 1t is heightened
from six months to two years.
The South Dakota joke had its rise and
growth when only ninety days residence
was required there, but now that state
sets the pace for Nebraska, its legislature
having put into operation on January l,
1908. q requirement Of six months for resi-
dents and a full year residence by the
plaintiff when the defendant is outside the
state. Moreover, South Dakota's new law
requires personal service of the summons
within the state, or personal service OF the
summon and order of publication In case
OF a nonresident, whereas Nebraska re,
quires only that the ~plaintif make afidavit
that service on the defendant cannot be had
within the state, and that the plaintiff
have notice published in some newspaper
Of the county wherein the action is brought
for four successive weeks" Because of this
latter stipulation Of the Nebraska statute IL
is quite possible that many a distant hus,
band or wife is divorced without knowing
1t, as the publications chosen are pur-
posely the more obscure weeklies of purely
local circulation.