Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-03-26
The Divorce Lz,Ds
AIissny Alls.ssd II Dveres-AnnuINent md
Have Al;msny-A Unique Nssuls. :
tBy Charlie. B. Kaufman Of tn. Davenport Bar,

IL merely determining Justice between
the parties.
A Novel Occurrence.
A divorce was granted 10 the hus-
band on the ground Of adultery. The
husband remarked. Then the first wife
had the decree OF divorce set aside a.
being procured by fraud. Since the d.
vorce was declared void the second
marriage was q nullity and cohabita-
ton with the second wife adultery.
The first wife then prosecuted him for
adultery and he was sentenced to two
years in the penitentiary.
Maintenance and Support.
There may be suit. for alimony
without asking for . divorce and that
Is an action for maintenance and sup
port. The reason for allowing this ac-
port which 10 imposed by tho marital
relation. This action may be taken
advantage Of by person who has
grounds for divorce but does not be-
lieve in divorce. Usually this action 10
brought when there has not bsen de-
sertion for sufficient time ~ give
ground for divorce and the wife II left
without the means for 1nppost I'm .
recent case in this, stata the .Supreme
court said: when q husband deserts
or abandons his wife without just
cause. he may be compelled to support
her altho the full period Of. two years
necessary to secure . divorce has not
elapsed"
Separation Agreements.
Separation agreements between huS-
band and wife are valid only when
a. u
separation mot when they contain
plate future separAtion.) The court
will compel the maintenance part Of Q
valid separation agreement to be car
ried out, but It will not on account Of
separation or compel the parties to live
apart. There can not be q rslinqutsh-
ment Of dover In q separation agree
ment because the code Of this state
provides, when property 10 owned
by the husband or wife the other has
no interest therein which can BE- the
subject of contract between thsm.
The separation agreement u rescinded
IL the parties Afterwards cohabit aa
husband and wife insofar ~ the con-
sideration therefore consists In the arr
rangement that they shall live apart
FERN.
Usually alimony 10 an allowance OF
money but 1t may be specific portion
Of property in fee II the guilty party
Is not in condition to pay money.
Can the Guilty Party Have AtiW,sryf
AS general rule alimony IL rarely
granted to tho party In fault but cir
cumstances may change tho rule. In
one case a woman left her husband
without good cause, but her SUISSE
quent conduct was without rsproacn.
Later she obtained divorce on &C
count OF the adultery OF her husband.
and the court held that she was en-
titled to alimony. In another case
"The wife and another man resorted TO
rooms together. lay In hammock to-
gether. frequently stayed upstairs to-
gether, went together to dances. leav-
ing the husband at home" In this case
the husband secured . divorce on the
ground Of adultery. The husban4 had
property worth about 32.o0e- The
court held that the wife on account, OF
her conduct was not entitled 70 ~
mony. The question Of alimony ,when
one OF the parties u guilty is laEgely ~
the discretion Of the court ana e>recent
case has said. 1.-THE guilty party should
only under exceptional circumstances
be awarded alimony." IL !,
Next week, Making 9 WIN ~" #