When the application for divorce is against a party not residing in this state, the petition, in addition to the facts on account of which the applicant claims the relief sought, must state that such applicant has been for the last year a resident of the state, stating the town and county in which he has resided, and the length of his residence therein, after deducting all absences from the state; that he is now a resident thereof; that such residence has been in good faith and not for the purpose of obtaining a divorce only; and it must in all cases state that the application is made in good faith and for the purpose set forth in the petition. [Sec.3412.]

[Sidenote:  Verification.  Evidence.  Hearing.]

All the allegations of the petition must be verified by oath and proved by competent evidence.  No divorce shall be granted on the evidence of the applicant alone, and all such actions shall be heard in open court on the testimony of witnesses or depositions. [Sec.3413.] No divorce can be granted by consent of parties unless grounds therefor can be shown by competent evidence, and if collusion or conrivance on the part of the defendant can be shown, such fact will be a valid defense.

[Sidenote:  Causes.]

Divorce from the bonds of matrimony may be decreed against the husband for the following causes: 

1.  When he has committed adultery subsequent to the marriage;

2.  When he wilfully deserts his wife and absents himself without a reasonable cause for the space of two years;

3.  When he is convicted of felony after the marriage;

4.  When, after marriage, he becomes addicted to habitual drunkenness;

5.  When he is guilty of such inhuman treatment as to endanger the life of his wife. [Sec.3414.]

A previous law of our state provided that when it was fully apparent to the court that the parties could not live in peace and happiness together, and that their welfare required a separation, a decree of divorce might be granted, but no valid divorce can now be granted for any other cause than for some one of those enumerated above; and this is true, although it may plainly appear that a party has wholly disregarded his marriage vows and obligations in various other ways.

[Adultery.]

As the direct fact of adultery can seldom be proved, when a divorce is asked on this ground, it will be sufficient if the fact can be shown by circumstances which would be inconsistent with any rational theory of innocence, and such as would lead the guarded discretion of a just mind to the conclusion of the truth of the facts.  The disposition of the parties may be shown, with the fact of their being together and having an opportunity to commit the act.

[Sidenote:  Desertion.]