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Lunacy def5/7/2023 ![]() ![]() ![]() ![]() When the divorce is for the adultery or other criminal acts of the husband, in general the wife's lands are restored to her when it is caused by the adultery or other criminal act of the wife, the husband has in general some qualified right of curtesy to her lands when the divorce is caused by some preexisting cause, as consanguinity, affinity or impotence, in some states, the lands of the wife are restored to her. The effects of a divorce a vinculo on the property of the wife, are various in the several states. That there was no intention to commit adultery, as when the party, supposing his or her first husband or wife dead, married again. That the offended party has been reconciled to the other by either express or implied condonation. That the hushand has prostituted his wife, or connived at her amours. That the other party has been guilty of the same offence. When the divorce is prayed for on the ground of adultery, in some and perhaps in most of the states, it is a good defence, 1st. In some of the states divorces a mensa et thoro are granted for cruelty, desertion, and such like causes, while in others the divorce is a vinculo. In others, habitual drunkenness is a sufficient cause. And in some states, as Rhode Island and Vermont, for neglect and refusal on the part of the husband (he being of sufficient ability) to provide necessaries for the subsistence of his wife. In Kentucky and Maine, where one of the parties has formed a connexion with certain religionists, whose opinions and practices are inconsistent with the marriage duties. In Tennessee the husband may obtain a divorce when the wife was pregnant at the time of marriage with a child of color and also when the wife refuses for two years to follow her husband, who has gone to Tennessee to reside. Secondly, the marriage may be dissolved by divorce for causes which have arisen since the formation of the contract, the principal of which are adultery, cruelty, wilful and malicious desertion for a period of time specified in the acts of the several states to these are added in some states, conviction of felony or other infamous crime, being a fugitive from justice when charged with an infamous crime. The courts in nearly all the states have power to decree divorces a vinculo, for causes which existed and which were a bar to a lawful marriage, as, precontract, or the existence of a marriage between one of the contracting parties and another person, at the time the marriage sought to be dissolved took place consanguinity, or that degree of relationship forbidden by law affinity in some states impotence, idiocy, lunacy, or other mental imbecility, which renders the party subject to it incapable of making a contract when the contract was entered into in consequence of fraud. In the United States, divorces a vinculo are granted by the courts to which such jurisdiction is given, for certain causes particularly provided for by law. When the marriage was dissolved for canonical causes of impediment existing previous to its taking place, it was declared void ab initio. In England such a divorce bastardizes the issue, and generally speaking, is allowed only on the ground of some preexisting cause, but sometimes by act of parliament for a supervenient cause. The divorce a vinculo was never granted by the ecclesiastical law except for the most grave reasons. a mensa et thoro, which merely separates the parties. a vinculo matrimonii, which dissolves and totally severs the marriage tie and, 2. After the decease of either the marriage will be deemed as legal in all respects.ĭivorces are of two kinds: 1. A decree of divorce must also be made during the lifetime of both the parties. Until a decree of divorce be actually made, neither party can treat the other as sole, even in cases where the marriage is utterly null and void for some preexisting cause. It is so called from the diversity of the minds of those who are married because such as are divorced go each a different way from the other. The dissolution of a marriage contracted between a man and a woman, by the judgment of a court of competent jurisdiction, or (Obs.) by an act of the legislature. ![]()
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