The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-10-30
DIVORCE LEGISLATION

IF there is any matter upon which a new
u deal is desirable 1t is in our Anticipated
and diversified legislation on divorce in the
United States. There is the widest diversity
in divorce legislation, all the way from the
ultra-medeval condition in South Carolina,
where there is no legal ground for divorce,
to the free-and-easy procedure in Arkansas,
Nevada and Idaho
1t usually has been taken for granted that
the trend of opinion here is toward the civil
lied divorce laws of many European coun-
tries. But this is not unqualifiedly the case.
Only few weeks ago the president of one of
the leading legal associations in the country
demanded that there be no divorces granted
save for causes which would have permit
ted the annulment of the marriage in the
beginning.
therefore, one may welcome the proposed
uniform federal marriage and divorce laws
proposed by the National Divorce Reform
League. 1t is in general harmony with the
enlightened view that marriage should be
made more regular and difficult and divorce
easier. 1t also would tend to give uniform
ity IN divorce legislation throughout the ma
ton. The chief provisions as to marriage
would run as follows
Will forbid marriage ceremony without
license, for which application must be made
by either party two weeks before its final
issuance. Both parties must be present
when it is issued Application to be posted
in the county clerks office and published in
newspaper.
Manageable age, with consent of par
ents, 16 for girls and 18 for boys. Legal age,
without consent Of parents, 18 for girls and
81 for boys
Will forbid the marriage of imbeciles, the
insane, feeble-minded, epileptic, paupers, of
those afflicted with tuberculosis or venereal
disease, or of those related within and in
GLIDING the degree of first cousins.
Two witnesses besides the officiating
clergyman or official must be present at the
marriage.
Penalties shall be imposed on those who
issue licenses or perform marriage cere-
monies contrary to these provisions.
marriage which is legal in the state
where contracted shall be legal in all states
The specifications as to divorce would be
states and would accord men and women
equal rights in the divorce courts.
Grounds upon which a divorce may be
and women, are as follows: Adultery, cruel
and inhuman treatment, abandonment of
failure to provide for period of year. in
durable insanity, and the commission Of an
Infamous crime by either party.
Defendant in divorce suit must appear in
court. If he fails to do so the court shall
appoint some one to appear for him.
If defendant is resident of state in which
suit is brought, he or she must be served
uit al a
of said state, summons must be published for
three weeks in certain newspapers as direct
ed, marked copies Of which must be mailed
to defendants last known address.
Alimony shall be paid according to the
financial condition and circumstances Of the
individuals in the case.
The custody, support and education of the
children shall be matter of equal justice,
with the children always the first considera-
ton. whichever parent is deprived of the
guardianship and care shall be allowed to
visit the children and have them visit him
or her.
Upon the granting of divorce an inter-
locutory decree shall be entered, but such
decree shall not become final until the end
of three months during which interval
neither party can contract second marriage
within the law
A divorce which is granted in one state
shall be recognized in all states.
Certain improvement could be suggested,
notably, the provision that high-grade feeble
minded types ii. e. morons and dull normals)
may marry if both parties are sterilized in ap
plication for license. Also. incompatibility
certainly should be added as a legal cause Of
divorce. This would eliminate the prevalent
hypocritical and dishonest plea of extreme
mental cruelty" and the like. Most divorces
are, as a matter of fact asked for on the
grounds of incompatibility and we might as
well be honest about it in any reform legis-
lation.