Popular Law-making eBook

This eBook from the Gutenberg Project consists of approximately 485 pages of information about Popular Law-making.

Popular Law-making eBook

This eBook from the Gutenberg Project consists of approximately 485 pages of information about Popular Law-making.
of residence, without proper notice to the other side, or by collusion, without proper defence, or for no reason but the obvious intention of contracting other marriages.  The recommendations of the Commissioners on Uniformity will, therefore, be found summarized below,[3] and there is beginning to be legislation in the direction of adopting these, or similar statutes.  The Supreme Court has vindicated, however, the right of the State not to be compelled under the full faith and credit clause to give effect to divorces improperly obtained in other States by its own citizens or against a defendant who is a citizen.  In other words, a marriage, lawful where made, is good everywhere; not so of a divorce.  The fact that this ruling, wise and proper, necessarily results in the possibility that a person may be married in one State, divorced in another, and a bachelor in a third, and bigamous in a fourth, lends but an added variety to American life.  If the people wish to give the Federal government power to make nationwide marriage and divorce laws, they must do so by constitutional amendment.

[Footnote 1:  Sic:  “U.S.  Labor Commissioners’ Report on Marriage and Divorce,” Revised Edition, 1889, pp. 174, 175, 176.]

[Footnote 2:  Ibid., p. 177.]

[Footnote 3:  AN ACT TO ESTABLISH A LAW UNIFORM WITH THE LAW OF OTHER STATES RELATIVE TO MIGRATORY DIVORCE

Section 1.  No divorce shall be granted for any cause arising prior to the residence of the complainant or defendant in this State, which was not ground for divorce in the State where the cause arose.

Sec. 2.  The word “divorce” in this act shall be deemed to mean divorce from the bond of marriage.

Sec. 3.  All acts and parts of acts inconsistent herewith are hereby repealed.

AN ACT TO ESTABLISH A LAW UNIFORM WITH THE LAWS OF OTHER STATES RELATIVE TO DIVORCE PROCEDURE AND DIVORCE FROM THE BONDS OF MARRIAGE

Section 1.  No person shall be entitled to a divorce for any cause arising in this State who has not had actual residence in this State for at least one year next before bringing suit for divorce, with a bona-fide intention of making this State his or her permanent home.

Sec. 2.  No person shall be entitled to a divorce for any cause arising out of this State unless the complainant or defendant shall have resided within this State for at least two years next before bringing suit for divorce, with a bona-fide intention of making this State his or her permanent home.

Sec. 3.  No person shall be entitled to a divorce unless the defendant shall have been personally served with process if within the State, or if without the State, shall have had personal notice, duly proved and appearing of record, or shall have entered an appearance in the case; but if it shall appear to the satisfaction of the court that the complainant does not know the address nor the residence of the defendant and has not been able to ascertain either, after reasonable and due inquiry and search, continued for six months after suit brought, the court or judge in vacation may authorize notice by publication of the pendency of the suit for divorce, to be given in manner provided by law.

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Popular Law-making from Project Gutenberg. Public domain.