Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-09-22

receive in case Of the death Of the
husband
= can not agree. with that theory
Judge Carter said Indiana judges have
the widest discretion in the question Of
alimony. The action Of the husband to-
ward his wife. the contribution Of the
wife In building up the family fortune
and the ike figure in arriving at n just
conclusion. in my mind Of aumony
settlements
WHEN SETTLEMENTS
NOT BINDING.
No financial settlement made outside
Of court without the approval Of the
court at the time Of the divorce. Is
legally binding In one case during a
quarrel between husband and WIFE the
husband decided some property to the
wife She applied for divorce and got IT..
] his transaction WIS made without the
knowledge Of consent OF the court The
man in this ease may be said to be IN
the attitude 81 "boing ont or luck"
Judge Carter said "it has been my
personal observation that many times
the wOmans health has been ruined by
physical violence on part ~ the husband
and that when he attempts 10 turn her
cut after few years that Size is actual
" ten 10 fifteen years older"
The cur. for certain phases % the di-
vorce evil IS better educated men and
women and -trirtcr adherauce 10 the
principles of religion. In numerous
cases OF this nature heard hv Judge Car
ter Both tho man ami woman We're lZnor-
ant and iu many cases their relgi ons
training md moral conceptions had been
slighted This taought opens up new
feId In considering the divorce question
the relation Of the church to the prob
lem.
Several limos VI ives have recited stories
Of such startling mlsconiuct that Judge
Carter has expressed himself as wishing
that he had the power 90 sent such men,
and sometimes women. TO hospitals.
That is "a side Of this Vital problem
which the public never hears
In awarding the custody Of children
Judge Carter said. Il award ii IN nor child
10 fits ~, her where she desires IL and
has the means TO support the child or by
the fathers aid unless by some clear EVIL
dence she has been found guilty Of such
conduct which would incapacitate her for
being "a true mother to the child"
In one case recently heard by Judge
Carter. q divorced mother was asking for
The custody Of her two children whom she
Ind not seen for about ten years and
had rot even remembered them a Christ
mas times She sought 10 obtain the cGs-
todv from the second wife Of her frat
husband The second wife at that time
was indicted for the murder Of the father
Of the two children by the divorced wife.
IN this case, the evidence showed that
the step mother, although under indiet-
meut for murder had been real
mother" to the two children and had
loved them with a passion as fine as If
she were their own mother
The court In this case refused 10 grant
the care Of the children to either woman,
but gave the children to relatives Of the
second wife.
TINE AID IN
CURLING DIVORCES.
81 have NO solution for the divorce
evil" Judge Carter said. II think. per
haps. that small percentage of divorces
'could he avoided if q longer period Of
time existed between the actual time Of
filing the complaint and the final hear
Ing Of the case [ notice that after this
court has been IN vacation for - two
months In the summer. that when court
opens in September there are more di-
vorce cases dismissed than ut any other
time of the year. The vacation period
gave couples a chance to get together
and forget their petty quarrels
IN California an interlooutory decree
Of separation for a year is first granted
and then at the end Of THAT period If
the applicant desires final decree Of
divorce they come into court again
Such n system might aid somewhat in
reducing the number Of divorces actually
granted
Some people start out their married
life really and truly loving each other
but in time they become physically dis
eusted with each other. often a sepa-
ration or several months works wonders
and prevents a permanently brokeh
home" Judge Carter stated.