, which has no divorce laws, a violation of the marriage vow is cause for divorce in all the States and Territories.
Other legal causes are shown below:
Voluntary abandonment for two years; habitual drunkenness after marriage and incapacity; imprisonment in penitentiary for two years on a sentence of seven years or more.
In making decree chancellor may decide whether defendant may marry again or not. Residence of one year in State required; but if the application is made on ground of desertion, three years residence is required.
Excesses or cruel treatment; habitual intemperance: abandonment for six months; wilful neglect to provide on part of husband; conviction of felony.
Residence required, six months; either party may marry again.
Permanent or incurable insanity: wilful desertion one year; conviction of felony or other infamous crime; cruel treatment as to endanger life; personal indignities such as to render condition intolerable; habitual drunkenness one year.
Residence required, one year; either party may marry again.
Habitual drunkenness, neglect, or wilful desertion one year; extreme cruelty; conviction of felony.
Residence required, one year; either may remarry.
Habitual drunkenness; wilful desertion or failure on part of husband to provide for wife, either continued for one year; conviction of felony; extreme cruelty, causing either mental or
[
125]
physical suffering.
Residence required, one year; neither can remarry within one year.
Habitual intemperance; intolerable cruelty; sentence to imprisonment for life; fraudulent contract; wilful desertion and total neglect of duty for three years; absent and unheard of seven years; any infamous crime involving violation of conjugal duty, and punishable by imprisonment in State prison.
Residence required, three years; either may remarry.
Married under age; force or fraud in procuring marriage; extreme cruelty; habitual drunkenness; conviction of felony; desertion three years; wilful failure of husband to provide three years. No statute as to residence; either may remarry, but party guilty of infidelity must not marry party with whom crime was committed.
District of Columbia.
Wilful desertion for two years; habitual drunkenness; cruelty and abuse endangering life or health; insane at marriage.
Divorces from bed and board may be granted for cruelty and reasonable apprehension of physical harm.
Residence required, two years; no statutory provision as to remarrying.
Wilful, obstinate, and continued desertion one year; habitual intemperance for one year; extreme cruelty; habitual indulgence in violent temper.
A person who has been a resident of
Florida for two years, and whose husband or wife has procured a divorce in any other State or country, may obtain a divorce.
Residence required, two years; either may marry again.
Habitual drunkenness; cruel treatment; wilful desertion three years; mental incapacity at time of marriage; conviction of crime involving moral turpitude under which party has been sentenced to imprisonment for two years or longer; force, menaces, threats, duress, and fraud in procuring marriage.
In procuring divorce, concurrent verdict of two juries at different terms of court are necessary.
Applicant must reside in State: no statute as to marrying again.
Conviction of felony; extreme cruelty; habitual intemperance; wilful desertion and neglect one year.
Residence required, six months; either may remarry.
Extreme and repeated cruelty; conviction of felony or other infamous crime; attempt by either party on life of other; wilful desertion two years. Residence required, one year; no statute as to remarrying.
Habitual drunkenness; cruel and inhuman treatment; abandonment two years; failure on part of husband to support wife for two years. Residence required, two years; either may marry again, except as limited in decree.
Fraudulent contract; conviction of and imprisonment for felony; habitual drunkenness; extreme cruelty; gross neglect of duty; abandonment one year.
Residence required, one year; parties may remarry at once, unless appeal is taken, and then thirty days after final judgment on the appeal.
Uniting with religious society which forbids marriage of husband and wife; abandonment one year; living apart without cohabitation five years; condemnation for felony; force, duress or fraud in procuring marriage.
Wife may obtain divorce for husband's neglect to provide, and habitually treating her in such cruel and inhuman manner as to destroy her peace and happiness; cruel beating or injury indicating outrageous temper and endangering her life; confirmed habits of intoxication.
Residence required, one year; either may remarry.
Desertion for five years, having been summoned to return within one year of filing claim; attempt on life of other; fugitive from justice; habitual intemperance to excess; condemnation to ignominious punishment; cruel treatment or outrages of such nature as to render living together insupportable.
No divorce, except for infidelity, shall be granted, except decree of separation previously had and parties lived apart one year.
No statute as to previous residence; woman cannot marry for ten months after marriage is dissolved; on divorce for infidelity guilty party shall not marry person with whom crime was committed.
Sentence to imprisonment for life; desertion for three years; failure of husband to provide for wife; cruel and
[
126]
abusive treatment; gross and confirmed habits of intoxication.
Residence required, one year; either may remarry.
Abandonment three years; any cause which would render marriage void ab initio. Residence required, two years; in cases of divorce for infidelity, court may decree that guilty party shall not marry during life of other.
Sentence to hard labor for five years or longer; where either party has joined religious society that professes to believe relation of husband and wife unlawful, and has continued with such society three years, refusing for that time to cohabit; husband cruelly and wantonly refusing to provide; gross and confirmed habits of intoxication with liquors, by opium or other drugs; cruel and abusive treatment; utter desertion three years. Residence required, three years where parties have resided together in State, otherwise five years; guilty party cannot marry for two years.
Imprisonment for life or three years or more; where either has obtained divorce in another State; neglect by husband to provide; habitual drunkenness; desertion for two years. Residence required, one year; court may order that guilty party shall not marry for term not exceeding two years.
Wilful desertion, one year; sentence to State prison; cruel and inhuman treatment; habitual drunkenness one year.
Residence required, one year; either party may marry again.
Insanity or idiocy at time of marriage unknown to other; habitual cruel and inhuman treatment; habitual drunkenness; wilful desertion two years; sentenced to penitentiary.
Residence required, one year; court may decree that guilty party shall not remarry.
Conviction of crime or felony prior to marriage unknown to other; conviction of felony or infamous crime; absent without cause one year; habitual drunkenness one year; husband guilty of such conduct as to constitute him a vagrant; cruel or barbarous treatment as to endanger life; indignities as to render condition intolerable.
Residence required, one year; either may remarry.
Extreme cruelty; conviction of felony or infamous crime; habitual drunkenness one year; desertion one year, husband deserting wife and leaving State without intention of returning.
Residence required, one year.
Extreme cruelty; utter desertion two years; sentenced to imprisonment for life or for three years or more; habitual drunkenness; wilful desertion for five years. Divorce from bed and board or from bonds of matrimony may be granted for extreme cruelty by personal violence or other means, utter desertion two years, or failure of husband to provide.
Previous residence, six months; neither can remarry within time allowed for appeal, nor before final judgment if appeal is taken.
Neglect of husband to provide for one year; extreme cruelty; wilful desertion one year; conviction of felony or infamous crime; habitual gross drunkenness.
Residence required, six months; either may remarry.
Conviction of crime and imprisonment for one year; extreme cruelty; where either party has treated other as to injure health or endanger reason; habitual drunkenness three years; absent and unheard of three years; desertion for three years with refusal to cohabit; desertion for three years with refusal to support; where either party has joined society professing to believe relation of husband and wife unlawful, and refusal to cohabit with other for six months; where wife has resided out of State ten years without husband's consent, without returning to claim her marital rights; where wife of alien has resided in State three years, and her husband has left
United States with intention of becoming citizen of another country, not having made suitable provision for her support.
One or the other must be resident of State one year, unless both were domiciled in State when action was commenced, or defendant was served with process in State, the plaintiff being domiciled therein; either can remarry.
Extreme cruelty; wilful, continued and obstinate desertion for two years. Residence required, three years; no statutory provision as to remarriage.
Neglect of husband to provide; habitual drunkenness; cruel or
[
127]
inhuman treatment; abandonment.
Residence required, one year.
New York.
Absolute divorce granted only for adultery.
Residence required, one year.
When woman under age of sixteen is married without consent of parent or guardian, when consent was obtained by fraud, force or duress, or where either party was insane or idiot, marriage may be annulled.
In such cases either party may remarry, but in cases of absolute divorce guilty party shall not marry during life of other, with the following exceptions: He may be permitted by court to remarry upon proving that the other party has remarried, that five years have elapsed since divorce was granted, and that his conduct has been uniformly good.
If the guilty party marries in another State in accordance with laws of that State, the marriage will be held good in New York.
Divorce may be granted to wife if husband is indicted for felony, and flees from the
State and does not return for one year; to the husband if wife refuses relations with him for one year.
Divorces from bed and board may be granted for habitual drunkenness, abandonment, cruel or barbarous treatment endangering life, indignities to person as to render condition intolerable, maliciously turning other out-of-doors.
Residence required, two years; on absolute divorce either may remarry.
Conviction of felony; extreme cruelty, wilful desertion, wilful neglect and habitual intemperance, each continued for one year.
Residence required, ninety days; guilty party cannot marry during life of other.
South Dakota same.
Imprisonment in penitentiary; gross neglect of duty; extreme cruelty; habitual drunkenness for three years; fraudulent contract; divorce procured by either in another State.
Residence required, one year; either may remarry.
Habitual intemperance; extreme cruelty; abandonment one year; fraudulent contract; gross neglect of duty; conviction of felony and imprisonment.
Residence required, ninety days; decree does not become absolute till six months after its date.
Wilful desertion one year; habitual, gross drunkenness one year;con- viction of felony; personal indignities or cruel and inhuman treatment rendering life burdensome.
Residence required, one year; neither can marry until expiration of time for appeal, and in case of appeal, until after judgment on the appeal.
Conviction of felony and sentence for two years or longer; wilful and malicious desertion for two years, or where husband by cruelty and abuse has endangered his wife's life, or offered such indignities to her person as to render her condition intolerable and her life burdensome, and thereby forced her to withdraw from his home and family; where wife, by cruel and barbarous treatment, renders husband's condition intolerable; fraud, force or coercion in procuring marriage.
Residence required, one year; either may remarry.
Where marriage was void or voidable by law; where either party is for crime deemed civilly dead, or from absence or other circumstances presumed to be dead; wilful desertion for five years or for a shorter time, in discretion of court; extreme cruelty; continued drunkenness; neglect or refusal of husband to provide, or for any other gross misbehavior or wickedness in either party repugnant to or in violation of the marriage covenant, and where parties have lived apart for ten years. Residence required, one year; no statute as to remarrying.
Habitual drunkenness; wilful or malicious desertion for two years; attempting life of other; conviction of infamous crime; conviction and sentence to penitentiary for felony; refusal of wife to move into this State, and wilfully absenting herself from husband for two years. Divorces from bed and board may be granted for cruel and inhuman treatment to wife, indignities to her person rendering her condition intolerable, and forcing her to withdraw, abandoning her or turning her out-of-doors, and refusing or neglecting to provide for her. Residence required, two years; on absolute divorce either may remarry, but on divorce for infidelity guilty one shall not marry party with whom crime was committed during life of other.
Desertion for three years; excesses; conviction of felony and
[
128]
imprisonment in State prison; cruel treatment or outrages, if of nature to render living together insupportable.
Residence required, six months; either may remarry.
Conviction of felony; habitual drunkenness; wilful neglect to provide for wife; wilful desertion more than one year; cruel treatment as to cause bodily injuries or mental distress.
Residence required, one year; either may remarry.
Sentence to hard labor in State prison for life or for three years or more; fraud or force in procuring marriage, or either under age of consent; husband grossly, wantonly, and cruelly neglecting to provide; wilful desertion three years, or absence seven years unheard of; intolerable severity.
Petitioner must reside in the
State at least one year; guilty party shall not marry again for the term of three years.
Wilful desertion five years; fugitive from justice two years; conviction of infamous offence prior to marriage unknown to other; sentenced to confinement in penitentiary.
Divorces from bed and board may be granted for cruelty, reasonable apprehension of bodily harm, abandonment or desertion.
Residence required, one year; court may decree that guilty party may not remarry without the consent of court.
Abandonment one year; habitual drunkenness or neglect or refusal to provide; consent to marriage obtained by force or fraud; cruel treatment or personal indignities rendering life burdensome; chronic mania or dementia of either party for ten years; imprisonment in penitentiary or any other cause deemed sufficient by the court.
Residence required, one year; neither party can marry until time for repeal has elapsed, or if appeal is taken, not until after final judgment.
Wilful desertion three years; husband notoriously immoral; wife immoral before marriage unknown to husband; imprisonment in penitentiary.
Divorces from bed and board may be granted for habitual drunkenness, abandonment, desertion, cruel and inhuman treatment, or reasonable apprehension of bodily harm.
Residence required, one year; no statute as to remarriage.
Neglect to provide; habitual drunkenness for one year; imprisonment for life or for three years or more; cruel and inhuman treatment by personal violence; where parties have voluntarily lived apart five years. Residence required, one year; either may remarry.
Conviction of felony or infamous crime prior to marriage unknown to other; conviction and sentence for felony; wilful desertion one year; neglect of husband to provide for one year; habitual drunkenness; such indignities as to render condition intolerable.
Residence required, six months; no statute as to remarrying.
