Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-11-22
Getting DiUorce in Pioneer Days Not Simple

and Abigail Meyer.
In all cases the bill OF divorce was
very brief, consisting OF one section
to the effect THAT the bonds OF mat
rimony existing between - and
-, his wife, be, and the same
are hereby dissolved"
/ At the time Of the converting OF the
first session Of the territorial legis-
lature there were no state laws, the
only regulations for the territory be-
ing those contained in the organic
act Of congress establishing the terri
tory.
The organic act creating the terri
tory Of Idaho, Of which the present
state Of Montana was a part. was ap-
proved by the president March 3. 1858.
and at the legislative assembly of
that territory, held the following win
ter. a divorce law was enacted, APP
proved Jan. 10, 1864.
Shortly thereafter congress passed
the organic act creating the territory
OF Montana, which was approved on
May 26, 1854.
At the first session of the Montana
territorial assembly held the ensuing
winter Montana's first law relating to
divorce was passed and approved Feb.
7, 1865. 1t read as follows:
Section l. In any case in which a
has been or may hereafter
be contracted and solemnized between |
any two persons, and 1t shall be adj |
judged in the manner hereinafter
provided that either party at the time
Of their marriage was and continued
to be impOtent naturally. or that he
or she had a wife or husband living
at the time Of such marriage, or that
either party has committed adultery
subsequent to such marriage, and that
such husband and wife have not lived
and co-habited together after having
knowledge Of such adultery. or that
such husband or wife has wilfullv ab-
'ented himself or herself from such
husband or wife without any reason
lble cause for the space of one wear.
n That husband has wilfulIy de-
erted and abSented himself from his
we, and departed from this territory
Without intention of returning, or that
lther party have been guilty of
labitual drunkenness for a space of
me year, or been guilty of extreme
ruelty or been convicted of felony or
'ther Infamous crime, and such par-
les have not lived or co-habited To-
ether as husband and wife after such
onvlction, 1t shall be lawful for the
INJURED party to obtain a divorce and
lssolution Of such marriage contract;
ut no such divorce shall in anywise
fleet the legitimacy Of the children
+ such marriage.
section 2. The district court sitting
S court Of chancery shall have iuris-
lotion IN all cases of divorce and
llmony by this act allowed, and the
Ike process, practice and proceedings
lan be had as they are usually had
other cases in chancery, except as
ereinafter provided.
Section 3. No person shall be en-
tied to q divorce in pursuance Of
lie provisions of this act who has
ot resided in the territory one whole
sar previous to filing his or her bill
aless the offense or injury was com
tilted within this territory, or whilst
ie or both of such parties reside In
us territory.
Section 4. IF it shall appear that
le injury or offense complained Of
as by collision of the parties for
e purpose Of obtaining a divorce, or
at both parties had been guilty OF
lultery, when adultery is the ground
complaint. then no divorce shall be
creed.
Section 5. In all cases Of divorce,
here the defendant shall appear and
ny the charges alleged in the COM
ainant's bill. the same shall be tried
fury: but IL the hill Is taken as
the court may proceed to
hearing Of the cause by the exam
alton Of witnesses in open court, or
~ refer the matter to the master In
ancery to take proofs; but any mar
zee which may have been celebrated =,
any other state or territory may be III