DIVORCE IN THE UNITED STATES.

Ashburton Guardian, Volume V, Issue 1540, 23 April 1887, Page 4

DIVORCE IN THE UNITED STATES.

The public can aoaroely bo aware of 1 the extent to which what may be called the minor causes of divorce obtain m the laws of oar various commonwealths. Ex* eepting South Carolina, adultery is a ■ufficient ground for divorce m every State, and m New York it is the only ground. Desertion, cruelty, habitual drunkenness, refusal of husband to sup* port wife, conviction of an infamous crime, and insanity, sre, however, other causes which are ucugnleed. Desertion 1* considered a ground m nearly all the States. The period of desertion necessary for securing a divorce differs, from one year m eight States to five years ia three. This desertion is defined m Massachusetts to be " Utter desertion continued for three consecutive years next prior to the filing of the libel ; " m Pennsylvania, •' Wilful and malicious desertion and absence from the habitation of the other, without reasonable cause, for and during the period of two years " m Ohio, "Wilful absence;" and m Vermont, "Wilful dcsarticn for three consecutive years, and when either party haa been absent Beven yeara and not heard of during that time." Perßoaal cruelly, furthermore, has also reoently come to have a standing m the courts as a ground of absolute divorce. The statutes have found It diffioult to define cruelty with satisfactory exactness. "Mere asperity of temper," says Lord Stowell, "petulenceof manners, rudeness of speeoh, a want of civil attention and aooonsmodation, even ocoisional Bailies of pasßion, if they do not threaten bodily harm, do not amount to legal oruelty." A definition quite generally accepted, given by Mr Bishop, ii : "Oruelty is suoh conduct m one of the married parties as, to the reasonable apprehension of the other or m fact, renders cohabitation physically unsafe to a degree justifying withdrawal therefrom. No less than twenty-eight States grant divorces upon this ground. Likewise m twenty-seven States habitual drunkennoes Is a cause for absolute divoroe. Neglect of the husband to provide for a wife is a ground m tea States. Insanity ia recognised as a cause m only one Stato, Arkansas, though when occurring before marriage it may render the marriage void. It is a shame that m even one State it is recognised. Omnibtis clauses have at times been introduced into the laws of the States. In Connecticut, " For any such misconduct an permanently destroys the happiness of the petitioner and defeats the purpoßeofthe marriage relation ;". m Wisconsin, " When, by reaßon of his conduct toward b her being suoh ai to reader it improper for her to live with him, the Courts are of the opinion it will be discreet and proper to graDt the divoroe." In Florida, Arizona, and Washington Territory the law is likewise comprehensive. This question of which we give<the more salient points of law and of fact-, is one of the moat serious which any Court or Legislature 1b aeked to consider; That tha extent to which these minor causes of divorce prevail should be wide has not a little m its favor. When a man and a woman cannot live together m peace, it may be said with much force that they ■hould be allowed to live apart, and with full liberty to contract new alliances. On the other fide, it may be truthfully urged that a family union is often broken through the simple knowledge that a remedy is at hand m the form of a judicial separation. Domestic j*rß are thus fomented. We call attention to this sabjeot, than which none ia more important, 1 hough often overlooked, not, of course, to settle it, but to awaken serious thought upon a critical problem of Amerloan life. — " Leslie's Illustrated Paper."