Year: 1865

Concerning Divorces and Aimony


Be enacted by the Legislative assembly Of the Territory
of Montana:
Sec ! In anv case in which a marriage has been
NAV hereafter be contracted and soemnzed between any
two persons and shall be adudged in the manner here
matter provided that either party at the time OF their mar
rage was and continued be mpotent naturally or that
he or she had wife husband living at the time Of such
marriage that either party has committed adultery SUP
sequent such marriage and that such husband and we
have not lived and cohabted together after having
knowledge of such adultery that such husband or VIE
has wif1y absened himself or herself from such husband
or wife without any reasonable for the space OF one
or that husband has wifuy deserted ard absened
himself from his wife and departed from this Territory
without intention of returning that either party nave
been guilty habua drunkenness for the space OF one
year been guilty of extreme cruelty, or been convicted
of felony infamous crime and such parties have
not lived and cohabed together as husband and wife after
such conviction il shall be lawful for the injured party TO
obtain divorce and dissolution of such marriage contract
but no such divorce shall in any wise effect the legitimacy
of the children of such marriage.


Sec 2 The District Court sitting as court OF ehancery
shall have jurisdiction in all cases OF divorce and alinony
by this act allowed and the like process practice and
proceedings shall be had usually had In other cases
| in chancery except as hereinafter provided


Sec No person shall be entitled to divorce in pursu
of the provisions OF this act who has not resided III
this Territory whole year previous to ming ms OF he
bill unless the oense injury eompl ined of was com
mitted within this Territory whilst both OF sucf
| parties resided in this Territory.


Sec A. If it shall appear that the injury or oense com
planned of was by couson of the parties for the purpos
of obtaining divorce or that both parties had been
of adultery when adultery is the ground OF complaint
| then no divorce shall be decreed-


Sec s. In all cases of divorce where the defendant shal
appear and deny charges alleged in the complainant
bill the same shall be tried by jury but II the Oil
taken as confessed the court proceed to hearing
the cause the examination OF witnesses IN open eOur
or NAV refer the matter the in chaEcey TO tax
proofs but any marriage which mdy have been celeora
ted in any other State Territory may be suicient
proved by Acknowledgements of the parties their cohat
itaton husband and wife, or other creumsanai eV
dence.


See g. When divorce shall be deereed it shall and
be lawful for the make such order touching n
amouy and maintenance of the WIFE the case and custo
children any OF them from the circumstance
of the parties and the Of the shall be m reaso
able and Just and in case the wife be COMPLAINANT
order the defendant to give reasonable security TOT sue
aliInony and maintenance; may refuse the payment
such aimony and maintenance in any other manner eo
sstent with the rules and practice of the court and
also grant almony pendeatc lie, and the court ma
on application time time make such alterations
the allowance of almony and maintenance as sha apPe
, | reasonable and just.


See T. Auy woman suing for a divorce who shall NAL
appear to the that she IS poor and unable To p
the expenses of such suit shall be allowed by the court
her suit without costs and in such cases the e
resides.


Sec g. The same rule of proceeding shall be had rs
other cases chancery, and upon the hearing the COZ
shalfhaye the power decree dissolution ef the Don
of marmony If the causes mentioned IN TINS act are PROV
: To exist.


Sec g. This act shall take effect and be p force fra
= snd affar its massage GEORGE DETWILER,
? . Speaker of the House of Representatives
X. LAWRENCE,
J, President OF Council.
\ Approved February 7th 1865.


SIDNEY EDGERTON Governor