The daily palladium. [volume] (Richmond, Ind.) 1904-1905, 1904-08-19
THE DIVORCE
QUESTION
ENTERED INTO BY JUDGE FOX
OF WAYNE CIRCUIT COURT
INTERVIEWED BY PAL.
The Judge Thinks the Law is Weak
and Should be Changed to Suit 4
Conditions.

The divorce question has become
the leading topic of conversation in
this country and this is so because OF
the granting of so many divorces by
the courts. A Palladium reporter
called upon Judge Fox and asked in
regard to the divorce situation, what
the outcome would be if the present
status of affairs continued. In reply
to the interrogatory Judge Fox said:
"The divorce question in this and
other communities of this state is be-
coming a social and domestic prob
lem that should receive the earnest
consideration of all good citizens.
There appears upon the docket of the
Wayne Circuit Court for the April
Term, fifty-seven divorce eases. If
the ratio of increase in suits of this
kind will in the future be as it has
been in the last ten years, the ques-
ton may we'll be asked: "What will
the harvest be?' Courts are pow
erless in the premises for they can
not prevent the bringing of suits and
when they are brought they must of
necessity try them and administer the
law as it is, for such is their sworn
duty. A judge may question the
propriety of the law and may criticise
it but when required, he must execute
it according to its terms regardless
Of results. The remedy lies with the
law-making power. That there should
be radical change in our divorce
statutes admits Of no question and
this the people of the state should
seek to accomplish by all the means
in their power. In my judgment it
would be better if all divorces were
denied rather than the condition
should be as it now is; but this would
be unfortunate, for injustice always
results from extremes.
GAS the law now stands in this
state, a person who has been resi-
dent of the state for two years and a
resident of the county in which the
suit is brought for a period of six
months may bring an action for di-
vorce. This should be changed so that
a bona fde resident for three years
next before the action>is brought in
the county where brought, should be-
required, such residence to be proved
by two disinterested freeholders of
the county. This in great measure
would prevent persons coming into the
state for the sole purpose of procur-
ing divorces, as is now often done.
"Again, in my judgment, the law
should be that when an action for di-
vorce is brought and the defendant
brought into court, preliminary
hearing should be had in which the
court should make such orders con-
corning the property of the parties
and the care, custody and support Of
children as would be just and equita-
BILE under the circumstances. The case
should then be postponed and con-
tinued upon the docket for one year
without further action; this would
prevent hasty divorces and give the
parties time for reflection and would
in many instances result in reconcilia-
ton. If at the end of one year the
parties are not reconciled, the case
should be tried upon its merits. If
upon the hearing the court is of the
opinion that a divorce should be
granted, a decree should be rendered
granting limited divorce for the pc
Rod of three years at the expiration
of which time the divorce should be-
come absolute without further itiga-
ton. At the time the decree is rem
dered the court should give such
Judgment for alimony and for the
care. custody and support of children
as the evidence would warrant Sub
iect to the terms of the decree, each
of the parties during the three-year
limit should have the right to control
and dispose of their separate property
as they pleased without the assent of
the other. If the parties should mar
ry during that time for which the
limited divorce is granted, such mar
riage should be declared null and
void and the offending party should be
subject to prosecution as If for biga-
my. This would have a tendency tc
check the bringing of divorce suits by
persons for the purpose of enabling