The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-06-22
.vIRGIN|A.DIIVI'O|IRI|iC3'.E|::..
LAWSINADEQUATE
Washington Attorney Says This
State Needs Better
Statutes.
/. MANY WEAK POINTS SHOWN
Fraud raladl ' Could Be cticcd by De-
signing Persons in Many
Instances.

virginia must strengthen her d.
vorcc laws or make herself liable 10
the charge OF cncoura ging the diyorc.
industry within her borders..
Il THIS was the statement made yes-
terday by Walter T.. Clephane, u wash
ington attorney.
When the District Commissioners
were asked, several years ago, to an.
point three commissioners 10 repre-
sent the District OF Columbia in the
National Divorce Congress they re-
sponded promptly. and one of the
Washington lawyers they selected was
MI. Clephane. ti
When. little later, they we're asked
TO appoint three delegates TO repre-
sent the District In the Commission or
Uniform Laws, they again responded
promptly and selected Mr. Clephane as
one OF the District representatives.
Clephnne We'll auulined.
The National Divorce Congress
GRATED a uniform divorce law, which
+ has. since been adopted by several
states. Its work has now been taken
up by the Commission on Uniform
state Laws. which is striving to have
an States adopt uniform statutes on
divorce aIr. Clephane is taking
prominent part In this work, saws the
Washington Times.
IT will be seen from the foregoing
that Mr. Clephane Is qualified TO speak
on the subject OF divorce and divorce
laws What he says regarding con-
ditions growing out OF the practice OF
Washington men and women getting
divorces in Virginia is. therefore,.
bound TO be of interest.
The articles published" said Mr..
Ciephane. ARE interesting and should
have wholesome influence in cncour-
aging Virginia TO remedy q condition
which she must sooner or later recoS-
nize is extremely bad.
1t is true. as pointed out, that 1t
Is possible for a man or woman to
establish residence in Virginia by fake
methods and to get a decree without
the other party to the suit hiding II
out until itis all over. OF course, II
the other party wanted to, he or she
could have the decree set aside IL it
were obtained by fraud. However. IL
fraud G. uld not be proved-and 1t
might be hard TO prove-the defendant
would be helpless
Failure TO Provide Defense.
II The greatest weakness in tho Vir-
Ginia law. in my opinion. is its tail
,irc TO provide for the defense OF non
contested cases In the District or
Columbia the court appoints counsel
for the defendant In cases where lie
or she does not appear. This system
works we'll. have known OF many
cases where the attorneys for the de-
tense In non-contested cases produced
evidence that resulted in the refusal
of the court to Issue a decree. have
known of a few cases where the at
torney for the defense named by the
court has shown there was coiiusion
between husband and WIFE
IF Virginia courts were, required
to appoint counsel for the defendant
IN case the defendant did not appear.
II would be practically impossible for
plaintift TO get decree by frauo.
II would be practically impossible for
Washingtonians-or anybody else-to
rent room In Virginia, sleep in IL
once or twice month"; and that the
end of year establish the claim that
they We're residents. Under the vir-
sinia law the plaintiff makes amaavit
that he or she is a resident. Unless
the AFFIDAVIT is questioned. 1t IS &C.
fceptcd as proof of residence. II the
defendant were represented by coun-
sci appointed by the cour:. this ami
davit would be looked into, II 1t could
he shown that the plaintiff had ac-
CURED 'stachel residence the court
would refuse to hear the case.
Weakness In Notice Rule.
Another weakness of the Virginia
law is the provision for serving no
tice on the defendant II the defend
ant Is a nonresident, notice may be
by publication in newspaper or by
posting on the courthouse door or
course. II the latter method is usea.
the person sued has hardly any chance
OF knowing anything about the suit
The District law requires notice by
publication in a newspaper. but also
requires the plaintiff to make at1davit
that notice has been mailed to the last
known address of the defendant. or
that the address of the defendant.
could not be learned after d!ligent m,
quiry.
virginia should incorporate this
provision in her divorce laws. This,
as well as the plan to have the DEFEND