Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1911-06-03
SECRET DIVORCE PROCEEDINGS.

SECRET DIVORCE PROCEEDINGS.
The growth. Of divorces in the United
States has been SO great in recent years
a. 10 cause serious concern to many
neonle who see 10 their increase the
ultimate obstruction Of the marriage
hans and the consequent breaking up
II home life. Much OF this growth Is
undoubtedly due to the fact that d.
yorces are 50 easily procured and that
there is SO little publicity given them
Nv the newspapers. The disposition OF
courts in these times seem to IN
cline toward the hearing OF all d.
vorce proceedings behind closed doors
and this fact has undoubtedly lead to
an increase in their number. News
napers should not be permitted 10
mint scaudalous details of divorce pro-
cssdipgs in order to crafty the morbid
curiosity OF the public but they should
.ivs sufficient publicity to such cases
a.1o safe guard society and reduce the
evil
There are undoubtedly reasons OF at
least plausible nature, to be advanced
IN tayo, Of covering divorce proceed
ING. with the blanket Of secrecy. But
.t,.r all ths interests OF society are
h-.t conserved By making these suits
share the fate of other litigation-that
i % require that they shall become
mar, OF the courts public record open
q all who ordinarily have right OF
accass thereto. A western judge 10
Gently delivered a very strong ana 10
chr mind very convincing opinion
rnon the question. Here is synopsis
Of it.
The theory upon which the public
:,da,;ed accsss 10 divorce records ls one
that in the long run leads to easy divorce
nv means OF mutual agreement or
without any agreement by the two par,
ties at all, but by simple determlna'
ton Of one party to the marriage that
i is unsatisfactory. We do not IN this
connection need to go into the vexed
ous.tion as TO whether any divorces
at all are for the public good. 1t is
enough to accept the fact that Amer
ican custom sanctions divorce Tor
corte,n prievious reasons, put seeks to
make divorce much more difficult
than marriage. But both marriage
and divorces, it is determined as
matter of good public policy, must
saks Mace in accordance with GER
tain prescribed form. 1t IS not the
man and the woman alone that are
considered. but their possible children
and society 10 general. Marriages must
ba by licenses aud divorces by trial.
And as divorces are to be granted for
but certain prescribed reasons. these
REASONS must be set forth in a complaint
an q court record. The issue has been,
shall this complaint, containing the
REASONS upon which the divorce is
sought, be made capable Of publication.
Those who oppose publication have
done 50 always upon the general theory
that publishing would appeal only to
a morbid desire for gossip. This is
probably not true, and if true, 1t would
not remove the need for open records.
II anv divorce case results from cou'
ducr that is sensational or scandalous,
j, is zen to one tha, the facts are widely
known throughout the circle OF
ac3ua;nta,cee Of the couple already,
all tboss to whom the publication would
be Of suy Importance rs matter OF
gossip. But granting that an idle
curiosity would be satisfied, the right
Of nublic knowledge would still exist.
The State has determined that mar
riases and divorces are the public
business and that 10 divorce shall take
place except ; pou certain specific
grounds, the nature OF which are also
the public's concern. 1t is recognized
-bar&be force of public opinion is strong
or than the letter Of aSy Law in promot-
Ing public morality. 1t should also be
seen that if the oversight the public
exercises over the granting OF divorces
i 70 be denied, this defiance will best
result through the secrecy OF divorce
proceedings. :"