4 See Chapter 7, on Custody of Children.

States.

Residence Required.

Causes for Absolute Divorce. In addition to adultery, which is cause for divorce in all the

States*

N. Hampshire. .

1 year.

Cruelty, felony, physical incapacity, absence three years, habitual drunkenness three years, failure to provide three years, treatment endangering health or reason, union with sect regarding marriage unlawful, wife separate without the State ten years, not claiming marital rights, husband absent from United States three years intending to become citizen of another country.

New Jersey. .. .

(†)

Desertion two years, physical incapacity. No divorce may be obtained on grounds arising in another State unless they constituted ground for divorce in the State where they arose.

New Mexico....

1 year.

Abandonment, cruelty, neglect to provide, habitual drunkenness, felony, physical incapacity, pregnancy of wife by other than husband at marriage.

New York ...........

(†)

Adultery only.

N. Carolina .........

................

Pregnancy of wife by other than husband at marriage, physical incapacity.

North Dakota. .

1 year.

Cruelty, desertion one year, neglect one year, habitual drunkenness one year, felony.

Ohio ............

1 year.

Absence three years, cruelty, fraud, gross neglect of duty, habitual drunkenness three years, felony, former existing marriage; procurement of divorce without the State by one party, which continues marriage binding upon other party; physical incapacity.

Oklahoma ..........

1 year.

Abandonment one year, cruelty, fraud, habitual drunkenness, felony, gross neglect of duty, physical incapacity, former existing marriage, pregnancy of wife by other than husband at marriage.

Oregon ............

1 year.

Felony, habitual drunkenness one year, physical incapacity, desertion one year, cruelty or personal indignities rendering life burdensome.

Pennsylvania ..

1 year.

Former existing marriage, desertion two years, personal abuse or conduct rendering life burdensome, felony fraud, relationship within prohibited degrees, physical incapacity and lunacy.

Rhode Island...

2 years.

Cruelty, desertion five years, habitual drunkenness, excessive use of morphine, opium, or chloral, neglect to provide one year, gross misbehavior, living separate ten years, physical incapacity. Either party civilly dead for crime or prolonged absence.

S. Carolina.........

No divorces granted.

South Dakota..

6 mos.

Cruelty, desertion one year, physical incapacity, neglect one year, habitual drunkenness one year, felony.

Tennessee......

2 years.

Former existing marriage, desertion two years, felony, physical incapacity, attempt on life of other party, re-

*Exclusive of South Carolina, which has no divorce law. †Varies with cause. ‡ Actual residence.

In New York, the re-marriage of the guilty party is prohibited during the lifetime of the other party to the marriage. In several states statutes have recently been passed prohibiting the re-marriage of either party for a specified time.

States.

Residence Required.

Causes for Absolute Divorce. In addition to adultery, which is cause for divorce in all the

States*

Texas ..................

6 mos.

fusal of wife to live with husband in the State and absenting herself two years, pregnancy of wife by other than husband at marriage; at the discretion of the Court for cruelty, indignities, abandonment, or neglect to provide. Abandonment three years, physical Incapacity, cruelty, excess, or outrages rendering life together insupportable, felony.

Utah..........

1 year.

Desertion one year, neglect to provide, physical incapacity, habitual drunkenness, felony, cruelty, permanent insanity.

Vermont ..........

1 year.

Imprisonment three years, intolerable severity, desertion three years, neglect to provide.

Virinia ................

1 year.

Insanity at marriage, felony, desertion three years, fugitive from justice two years, pregnancy of wife by other than husband at marriage, wife a prostitute, or either party convicted of felony before marriage unknown to other, physical incapacity.

Washington.........

1 year.

Abandonment one year, fraud, habitual drunkenness refusal to provide, felony, physical incapacity, incurable insanity, cruelty or indignities rendering life burdensome, other cause deemed sufficient by the Court.

West Virginia. .

1 year.

Desertion three years, felony, physical incapacity, pregnancy of wife, by other than husband at marriage, husband a licentious character or wife a prostitute unknown to other party, either party convicted of felony before marriage unknown to other.

Wisconsin......

1 year.

Felony, desertion one year, cruelty, physical incapacity, habitual drunkenness one year, separation five years. Divorcee cannot marry for one year.

Wyoming......

1 year.

Felony, desertion one year, habitual drunkenness, cruelty, neglect to provide one year, husband a vagrant, physical incapacity, indignities rendering condition intolerable, pregnancy of wife by other than husband at marriage, either party convicted of felony before marriage unknown to other.

* Exclusive of South Carolina, which has no divorce law.

"According to some decisions a second marriage after divorce within the time proscribed by a statute like that with which the reported case is concerned would be voidable only. These decisions make a distinction between statutes forbidding a second marriage during a specified time after the decree of divorce or during the time for appeal or error, and imposing a penalty, and those statutes which declare that the parties shall not be capable of contracting the second marriage, but which do not impose a penalty. In the first instance the second marriage would be merely void. This distinction is recognized in State vs. Walker, 36 Kan., 297. The Kansas statute is very similar to the Nebraska statute under which the reported case is decided, and in accordance with the distinction just pointed out, it is held in Kansas that the second marriage is not void. See also Conn. vs. Conn., 2 Kan., App. 419. In Cox vs. Combs, 8 B. Mon. (Ky.), 231, it is held, under a statute declaring that the injured party to a decree of divorce shall not be authorized to contract matrimony within two years, but not imposing a penalty for a second marriage, that a marriage within two years is void. The court, in the reported case, however, does not recognize such a distinction, and refuses to base its holding on the theory that the second marriage was only voidable under the statute. The decision rests entirely upon the bona fide intention of the parties and their cohabitation after the statutory impediment was removed by lapse of time. There is no case, so far as appears, in which the identical question raised in the reported case has been decided, but the question must depend upon the following principles. It is a rule that in a number of states that an informal marriage is still valid as at common law, and that even statutes requiring a marriage license are merely directory.,,