The Green Bag
278
whether divorce shall be permitted
in certain classes of cases, intolerable
at all within its borders and for its own citizens, and, if so, what causes
cruelty, willful desertion for two years, habitual drunkenness; and the same
shall be deemed sufficient. A brief recapitulation of the essential
causes are ground for legal separation
points of the uniform divorce act will be appropriate :—
All suits for divorce shall be brought only in the state where the plaintiff
or the defendant had a bona fide resi dence. When courts are given cognizance of suits where the plaintifi was domiciled in a foreign jurisdiction at the time the cause of complaint arose, relief should not be given. unless the cause of divorce was recognized in such foreign domicil. The same rule applies when the defendant was domiciled
in a foreign jurisdiction. Where jurisdiction for absolute di vorce depends upon the residence of the plaintifi or of the defendant, not less than two years’ residence should
be required where such plaintifi or defendant
has
changed
his
or
her
domicil since the cause of divorce arose. The injured party, husband or wife, should have the option to apply either for an absolute divorce, or for a divorce
from bed and board. The causes for divorce should be restricted to offenses of so serious a character as to defeat the objects of the marital relation. They should never
be left to the discretion of the court.
with the addition of hopeless insanity of the husband at the suit of the wife. This paragraph must be read in the light of the resolution, however, that the causes herein enumerated are those recognized in the great majority of the states, and there was no desire on the part of the Divorce Congress that any state should enlarge its causes of divorce where they were less than those enumerated, and in such states where these causes were recognized they
would prefer to see them reduced rather than increased. When conviction of crime is made a cause, it must be followed by con
tinuous imprisonment for at least two years. Absolute divorces should not be granted for insanity arising after mar riage. Desertion, when a cause, should never be recognized unless persisted in for at least two years.
The defendant should have full oppor tunity, by notice brought home to him,
to have his day in court if his residence is known or can be ascertained. Any one named as a co-respondent
should be given an opportunity to intervene. Hearings and trials should always be before the court and not before any delegated representative of it, and in
Causes for annulment of marriage and for divorce, both absolute and legal separation, are grouped into three
all uncontested cases, and in any other
classes.
a disinterested attorney should be as
Those for annulment of the
where the court may deem it proper,
marriage are such as are usually recog
signed to defend the case.
nized
A decree should not be granted unless the cause is shown by affirmative proof, aside from any admissions on the part of the respondent. A decree dissolving the marriage
in
all
civilized
communities.
Causes for absolute divorce represent
the prevailing sentiment in most of the ' states of the Union. They are as follows: Adultery, bigamy, conviction of crime
