| slovo | definícia |
divorce
(mass) | divorce
- rozvod |
divorce
(encz) | divorce,odloučení n: Zdeněk Brož |
divorce
(encz) | divorce,odloučenost n: Zdeněk Brož |
divorce
(encz) | divorce,rozvádět se |
divorce
(encz) | divorce,rozvést Zdeněk Brož |
divorce
(encz) | divorce,rozvést se |
divorce
(encz) | divorce,rozvod |
divorce
(encz) | divorce,rozvodový adj: Zdeněk Brož |
Divorce
(gcide) | Divorce \Di*vorce"\, n. [F. divorce, L. divortium, fr.
divortere, divertere, to turn different ways, to separate.
See Divert.]
1. (Law)
(a) A legal dissolution of the marriage contract by a
court or other body having competent authority. This
is properly a divorce, and called, technically,
divorce a vinculo matrimonii. "from the bond of
matrimony."
(b) The separation of a married woman from the bed and
board of her husband -- divorce a mensa et toro (or a
mensa et thoro), "from bed and board".
[1913 Webster]
2. The decree or writing by which marriage is dissolved.
[1913 Webster]
3. Separation; disunion of things closely united.
[1913 Webster]
To make divorce of their incorporate league. --Shak.
[1913 Webster]
4. That which separates. [Obs.] --Shak.
[1913 Webster]
Bill of divorce. See under Bill.
[1913 Webster] |
Divorce
(gcide) | Divorce \Di*vorce"\, v. t. [imp. & p. p. Divorced; p. pr. &
vb. n. Divorcing.] [Cf. F. divorcer. See Divorce, n.]
1. To dissolve the marriage contract of, either wholly or
partially; to separate by divorce.
[1913 Webster]
2. To separate or disunite; to sunder.
[1913 Webster]
It [a word] was divorced from its old sense.
--Earle.
[1913 Webster]
3. To make away; to put away.
[1913 Webster]
Nothing but death
Shall e'er divorce my dignities. --Shak.
[1913 Webster] |
divorce
(wn) | divorce
n 1: the legal dissolution of a marriage [syn: divorce,
divorcement]
v 1: part; cease or break association with; "She disassociated
herself from the organization when she found out the
identity of the president" [syn: disassociate,
dissociate, divorce, disunite, disjoint]
2: get a divorce; formally terminate a marriage; "The couple
divorced after only 6 months" [syn: divorce, split up] |
DIVORCE
(bouvier) | DIVORCE. The dissolution of a marriage contracted between a man and a woman,
by the judgment of a court of competent jurisdiction, or by an act of the
legislature. 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. Ridley's Civ. & Eccl. Law, pp. 11, 112. 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.
Griffiths v Smith, D. C. of Philadelphia, 3 Penn. Law Journal, 151, 153. A
decree of divorce must also be made during the lifetime of both the parties.
After the decease of either the marriage will be deemed as legal in all
respects. Reeves" Dom. Rel. 204; 1 Bl. Com. 440. See Act of Pennsylvania,
March 13, 1815, Sec. 5.
2. Divorces are of two kinds; 1. a vinculo matrimonii, (q.v.) which
dissolves and totally severs the marriage tie; and, 2. a mensa et thoro,
(q.v.) which merely separates the parties.
3.-1. The divorce a vinculo was never granted by the ecclesiastical
law except for the most grave reasons. These, according to Lord Coke, (Co.
Litt. 235, a,) are causa praecontractus, causa metus, causa impotentiae, seu
frigiditatis, causa affinitatis, et causa consanguinitatis. In England such
a divorce bastardizes the issue, and generally speaking, is allowed only on
the ground of some preexisting cause. Reeves' Dom. Rel. 204-5; but sometimes
by act of parliament for a supervenient cause. 1 Bl. Com. 440. When the
marriage was dissolved for canonical causes of impediment, existing previous
to its taking place, it was declared void ab initio.
4. In the United States, divorces a vinculo are granted by the state
legislatures for such causes as may be sufficient to induce the members to
vote in favor of granting them; and they are granted by the courts to which
such jurisdiction is given, for certain causes particularly provided for by
law.
5. In some states, the legislature never grants a divorce until after
the courts have decreed one, and it is still requisite that the legislature
shall act, to make the divorce valid. This is the case in Mississippi. In
some states, as Wisconsin, the legislature cannot grant a divorce. Const.
art. 4, is. 24.
6. The courts in nearly all the states have power to decree divorces a
vinculo, for, first, 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, as Vermont, Rev. Stat. tit. 16,
c. 63, s. 1; impotence, (q.v.) 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. 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;
willful 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; Ark. Rev. Stat. c. 50, s. 1, p. 333; being a
fugitive from justice, when charged with an infamous crime. Laws of Lo. Act
of April 2, 1832. 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
bona fide to Tennessee to reside. Act of 1819, c. 20, and Act of 1835, c. 26
Carr. Nich. & Comp. 256, 257. 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. 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 others, habitual drunkenness is a sufficient
cause.
7. 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.
8. 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. That the other
party has been guilty of the same offence. 2. That the husband has
prostituted his wife, or connived at her amours. 3. That the offended party
has been reconciled to the other by either express or implied condonation.
(q.v.) 4. That there was no intention to commit adultery, as when the
party, supposing his or her first husband or wife dead, married again. 5.
That the wife was forced or ravished.
9. The effects of a divorce a vinculo on the property of the wife, are
various in the several states. 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, as Maine and Rhode Island, the lands
of the wife are restored to her. 1 Hill. Ab. 51, 2. See 2 Ashm. 455; 5
Blackf. 309. At common law, a divorce a vinculo matrimonii bars the wife of
dower; Bract. lib. ii. cap. 39, Sec. 4; but not a divorce ti mensa et,
thoro, though for the crime of adultery. Yet by Stat. West. 1, 3 Ed. I. c.
84, elopement with an adulterer has this effect. Dyer, 195; Co. Litt. 32, a.
n. 10; 3 P. Wms. 276, 277. If land be given to a man and his wife, and the
heirs of their two bodies begotten, and they are divorced. a vinculo, &c.,
they shall neither of them have this estate, but he barely tenants for life,
notwithstanding the inheritance once vested in them. Co. Litt. 28. If a
lease be made to husband and wife during coverture, and the husband sows
the, land, and afterwards they are divorced a vinculo, &c., the husband
shall have the emblements in that case, for the divorce is the act of law.
Mildmay's Case. As to personalty, the rule of the common law is, if one
marry a woman who has goods, he may give them or sell them at his pleasure.
If they are divorced, the woman shall have the goods back again, unless the
husband has given them away or sold them; for in such case she is without
remedy. If the husband aliened them by collusion, she may aver and prove the
collusion, and thereupon recover the goods from the alience. If one be bound
in an obligation to a feme sole, and then marry her, and afterwards they are
divorced, she may sue her former husband on the obligation, notwithstanding
her action was in suspense during the marriage. And for such things as
belonged to the wife before marriage, if they cannot be known, she could sue
for, after divorce, only in the court Christian, for the action of account
did not lie, because he was not her receiver to account. But for such things
as remain in specie, and may be known, the common law gives her an action of
detinue. 26 Hen. VIII. 1.
10. When a divorce a vinculo takes place, it is, in general, a bar to
dower; but in Connecticut, Illinois, New York, and, it seems, in Michigan,
dower is not barred by a divorce for the fault of the husband. In Kentucky,
when a divorce takes place for the fault of the husband, the wife is
entitled as if he were dead. 1 Hill. Ab. 61, 2.
11.-2. Divorces a mensa et thoro, are a mere separation of the
parties for a time for causes arising since the marriage; they are
pronounced by tribunals of competent jurisdiction. The effects of the
sentence continue for the time it was pronounced, or until the parties are
reconciled. A. divorce a mensa et thoro deprives the husband of no marital
right in respect to the property of the wife. Reeve's Dom. Rel. 204-5. Cro.
Car. 462; but see 2 S. & R. 493. Children born after a divorce a mensa et
thoro are not presumed to be the husband's, unless he afterwards cohabited
with his wife. Bac. Ab. Marriage, &c. E.
12. By the civil law, the child of parents divorced, is to be brought
up by the innocent party, at the expence of the guilty party. Ridley's View,
part 1, ch. 3, sect. 9, cites 8th Collation. Vide, generally, 1 Bl. Com.
440, 441 3 Bl. Com. 94; 4 Vin. Ab. 205; 1 Bro. Civ. Law, 86; Ayl. Parerg.
225; Com. Dig. Baron and Feme, C;-Coop. Justin. 434, et seq.; 6 Toullier,
No. 294, pa. 308; 4 Yeates' Rep. 249; 5 Serg. & R. 375; 9 S. & R. 191, 3;
Gospel of Luke, eh, xvi. v. 18; of Mark, ch. x. vs. 11, 12; of Matthew,
ch. v. 32, ch. xix. v. 9; 1 Corinth. ch. vii. v. 15; Poynt. on Marr. and
Divorce, Index, h.t.; Merl. Rep. h.t.; Clef des Lois Rom. h.t. As to the
effect of the laws of a foreign state, where the divorce was decreed, see
Story's Confl. of Laws, ch. 7, Sec. 200. With regard to the ceremony of
divorce among. the Jews, see 1 Mann. & Gran. 228; C. 39. Eng. C. L. R. 425,
428. And as to divorces among the Romans, see Troplong, de l'Influence du
Christianisme sur le Droit Civil des Romains, ch. 6. p. 205.
|
| | podobné slovo | definícia |
divorce court
(encz) | divorce court, n: |
divorce lawyer
(encz) | divorce lawyer, n: |
divorced
(encz) | divorced,rozvedený |
divorced man
(encz) | divorced man, n: |
divorcee
(encz) | divorcee,rozvedená osoba n: Zdeněk Brož |
divorcement
(encz) | divorcement,odloučení n: Zdeněk Brož |
get divorced
(encz) | get divorced,rozvádět se get divorced,rozvést se |
velvet divorce
(encz) | Velvet Divorce,sametový rozchod n: [hist.] rozdělení Československa na
přelomu let 1992 a 1993 Stanislav HoráčekVelvet Divorce,sametový rozvod n: [hist.] rozdělení Československa na
přelomu let 1992 a 1993 Stanislav Horáček |
divorced asian female
(czen) | Divorced Asian Female,DAF[zkr.] |
divorced black female
(czen) | Divorced Black Female,DBF[zkr.] |
divorced black male
(czen) | Divorced Black Male,DBM[zkr.] |
divorced jewish female
(czen) | Divorced Jewish Female,DJF[zkr.] |
divorced jewish male
(czen) | Divorced Jewish Male,DJM[zkr.] |
divorced white female
(czen) | Divorced White Female,DWF[zkr.] |
divorced white male
(czen) | Divorced White Male,DWM[zkr.] |
Bill of divorce
(gcide) | Bill \Bill\, n. [OE. bill, bille, fr. LL. billa (or OF. bille),
for L. bulla anything rounded, LL., seal, stamp, letter,
edict, roll; cf. F. bille a ball, prob. fr. Ger.; cf. MHG.
bickel, D. bikkel, dice. Cf. Bull papal edict, Billet a
paper.]
[1913 Webster]
1. (Law) A declaration made in writing, stating some wrong
the complainant has suffered from the defendant, or a
fault committed by some person against a law.
[1913 Webster]
2. A writing binding the signer or signers to pay a certain
sum at a future day or on demand, with or without
interest, as may be stated in the document. [Eng.]
[1913 Webster]
Note: In the United States, it is usually called a note, a
note of hand, or a promissory note.
[1913 Webster]
3. A form or draft of a law, presented to a legislature for
enactment; a proposed or projected law.
[1913 Webster]
4. A paper, written or printed, and posted up or given away,
to advertise something, as a lecture, a play, or the sale
of goods; a placard; a poster; a handbill.
[1913 Webster]
She put up the bill in her parlor window. --Dickens.
[1913 Webster]
5. An account of goods sold, services rendered, or work done,
with the price or charge; a statement of a creditor's
claim, in gross or by items; as, a grocer's bill.
[1913 Webster]
6. Any paper, containing a statement of particulars; as, a
bill of charges or expenditures; a weekly bill of
mortality; a bill of fare, etc.
[1913 Webster]
Bill of adventure. See under Adventure.
Bill of costs, a statement of the items which form the
total amount of the costs of a party to a suit or action.
Bill of credit.
(a) Within the constitution of the United States, a paper
issued by a State, on the mere faith and credit of the
State, and designed to circulate as money. No State
shall "emit bills of credit." --U. S. Const. --Peters.
--Wharton. --Bouvier
(b) Among merchants, a letter sent by an agent or other
person to a merchant, desiring him to give credit to
the bearer for goods or money.
Bill of divorce, in the Jewish law, a writing given by the
husband to the wife, by which the marriage relation was
dissolved. --Jer. iii. 8.
Bill of entry, a written account of goods entered at the
customhouse, whether imported or intended for exportation.
Bill of exceptions. See under Exception.
Bill of exchange (Com.), a written order or request from
one person or house to another, desiring the latter to pay
to some person designated a certain sum of money therein
generally is, and, to be negotiable, must be, made payable
to order or to bearer. So also the order generally
expresses a specified time of payment, and that it is
drawn for value. The person who draws the bill is called
the drawer, the person on whom it is drawn is, before
acceptance, called the drawee, -- after acceptance, the
acceptor; the person to whom the money is directed to be
paid is called the payee. The person making the order may
himself be the payee. The bill itself is frequently called
a draft. See Exchange. --Chitty.
Bill of fare, a written or printed enumeration of the
dishes served at a public table, or of the dishes (with
prices annexed) which may be ordered at a restaurant, etc.
Bill of health, a certificate from the proper authorities
as to the state of health of a ship's company at the time
of her leaving port.
Bill of indictment, a written accusation lawfully presented
to a grand jury. If the jury consider the evidence
sufficient to support the accusation, they indorse it "A
true bill," otherwise they write upon it "Not a true
bill," or "Not found," or "Ignoramus", or "Ignored."
Bill of lading, a written account of goods shipped by any
person, signed by the agent of the owner of the vessel, or
by its master, acknowledging the receipt of the goods, and
promising to deliver them safe at the place directed,
dangers of the sea excepted. It is usual for the master to
sign two, three, or four copies of the bill; one of which
he keeps in possession, one is kept by the shipper, and
one is sent to the consignee of the goods.
Bill of mortality, an official statement of the number of
deaths in a place or district within a given time; also, a
district required to be covered by such statement; as, a
place within the bills of mortality of London.
Bill of pains and penalties, a special act of a legislature
which inflicts a punishment less than death upon persons
supposed to be guilty of treason or felony, without any
conviction in the ordinary course of judicial proceedings.
--Bouvier. --Wharton.
Bill of parcels, an account given by the seller to the
buyer of the several articles purchased, with the price of
each.
Bill of particulars (Law), a detailed statement of the
items of a plaintiff's demand in an action, or of the
defendant's set-off.
Bill of rights, a summary of rights and privileges claimed
by a people. Such was the declaration presented by the
Lords and Commons of England to the Prince and Princess of
Orange in 1688, and enacted in Parliament after they
became king and queen. In America, a bill or declaration
of rights is prefixed to most of the constitutions of the
several States.
Bill of sale, a formal instrument for the conveyance or
transfer of goods and chattels.
Bill of sight, a form of entry at the customhouse, by which
goods, respecting which the importer is not possessed of
full information, may be provisionally landed for
examination.
Bill of store, a license granted at the customhouse to
merchants, to carry such stores and provisions as are
necessary for a voyage, custom free. --Wharton.
Bills payable (pl.), the outstanding unpaid notes or
acceptances made and issued by an individual or firm.
Bills receivable (pl.), the unpaid promissory notes or
acceptances held by an individual or firm. --McElrath.
A true bill, a bill of indictment sanctioned by a grand
jury.
[1913 Webster]Divorce \Di*vorce"\, n. [F. divorce, L. divortium, fr.
divortere, divertere, to turn different ways, to separate.
See Divert.]
1. (Law)
(a) A legal dissolution of the marriage contract by a
court or other body having competent authority. This
is properly a divorce, and called, technically,
divorce a vinculo matrimonii. "from the bond of
matrimony."
(b) The separation of a married woman from the bed and
board of her husband -- divorce a mensa et toro (or a
mensa et thoro), "from bed and board".
[1913 Webster]
2. The decree or writing by which marriage is dissolved.
[1913 Webster]
3. Separation; disunion of things closely united.
[1913 Webster]
To make divorce of their incorporate league. --Shak.
[1913 Webster]
4. That which separates. [Obs.] --Shak.
[1913 Webster]
Bill of divorce. See under Bill.
[1913 Webster] |
Divorce
(gcide) | Divorce \Di*vorce"\, n. [F. divorce, L. divortium, fr.
divortere, divertere, to turn different ways, to separate.
See Divert.]
1. (Law)
(a) A legal dissolution of the marriage contract by a
court or other body having competent authority. This
is properly a divorce, and called, technically,
divorce a vinculo matrimonii. "from the bond of
matrimony."
(b) The separation of a married woman from the bed and
board of her husband -- divorce a mensa et toro (or a
mensa et thoro), "from bed and board".
[1913 Webster]
2. The decree or writing by which marriage is dissolved.
[1913 Webster]
3. Separation; disunion of things closely united.
[1913 Webster]
To make divorce of their incorporate league. --Shak.
[1913 Webster]
4. That which separates. [Obs.] --Shak.
[1913 Webster]
Bill of divorce. See under Bill.
[1913 Webster]Divorce \Di*vorce"\, v. t. [imp. & p. p. Divorced; p. pr. &
vb. n. Divorcing.] [Cf. F. divorcer. See Divorce, n.]
1. To dissolve the marriage contract of, either wholly or
partially; to separate by divorce.
[1913 Webster]
2. To separate or disunite; to sunder.
[1913 Webster]
It [a word] was divorced from its old sense.
--Earle.
[1913 Webster]
3. To make away; to put away.
[1913 Webster]
Nothing but death
Shall e'er divorce my dignities. --Shak.
[1913 Webster] |
Divorceable
(gcide) | Divorceable \Di*vorce"a*ble\, a.
Capable of being divorced.
[1913 Webster] |
Divorced
(gcide) | Divorce \Di*vorce"\, v. t. [imp. & p. p. Divorced; p. pr. &
vb. n. Divorcing.] [Cf. F. divorcer. See Divorce, n.]
1. To dissolve the marriage contract of, either wholly or
partially; to separate by divorce.
[1913 Webster]
2. To separate or disunite; to sunder.
[1913 Webster]
It [a word] was divorced from its old sense.
--Earle.
[1913 Webster]
3. To make away; to put away.
[1913 Webster]
Nothing but death
Shall e'er divorce my dignities. --Shak.
[1913 Webster]divorced \divorced\ adj.
having a marriage legally terminated and having not
remarried.
[WordNet 1.5] |
divorced
(gcide) | Divorce \Di*vorce"\, v. t. [imp. & p. p. Divorced; p. pr. &
vb. n. Divorcing.] [Cf. F. divorcer. See Divorce, n.]
1. To dissolve the marriage contract of, either wholly or
partially; to separate by divorce.
[1913 Webster]
2. To separate or disunite; to sunder.
[1913 Webster]
It [a word] was divorced from its old sense.
--Earle.
[1913 Webster]
3. To make away; to put away.
[1913 Webster]
Nothing but death
Shall e'er divorce my dignities. --Shak.
[1913 Webster]divorced \divorced\ adj.
having a marriage legally terminated and having not
remarried.
[WordNet 1.5] |
Divorcee
(gcide) | Divorcee \Di*vor`cee"\, n.
A person divorced.
[1913 Webster] |
Divorceless
(gcide) | Divorceless \Di*vorce"less\, a.
Incapable of being divorced or separated; free from divorce.
[1913 Webster] |
Divorcement
(gcide) | Divorcement \Di*vorce"ment\, n.
Dissolution of the marriage tie; divorce; separation.
[1913 Webster]
Let him write her a divorcement. --Deut. xxiv.
1.
[1913 Webster]
The divorcement of our written from our spoken
language. --R. Morris.
[1913 Webster] |
Divorcer
(gcide) | Divorcer \Di*vor"cer\, n.
The person or cause that produces or effects a divorce.
--Drummond.
[1913 Webster] |
Undivorced
(gcide) | Undivorced \Undivorced\
See divorced. |
divorce court
(wn) | divorce court
n 1: a court having jurisdiction over the termination of
marriage contracts |
divorce lawyer
(wn) | divorce lawyer
n 1: a lawyer specializing in actions for divorce or annulment |
divorced
(wn) | divorced
adj 1: of someone whose marriage has been legally dissolved |
divorced man
(wn) | divorced man
n 1: a man who is divorced from (or separated from) his wife
[syn: grass widower, divorced man] |
divorcee
(wn) | divorcee
n 1: a divorced woman or a woman who is separated from her
husband [syn: divorcee, grass widow] |
divorcement
(wn) | divorcement
n 1: the legal dissolution of a marriage [syn: divorce,
divorcement] |
DIVORCE
(bouvier) | DIVORCE. The dissolution of a marriage contracted between a man and a woman,
by the judgment of a court of competent jurisdiction, or by an act of the
legislature. 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. Ridley's Civ. & Eccl. Law, pp. 11, 112. 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.
Griffiths v Smith, D. C. of Philadelphia, 3 Penn. Law Journal, 151, 153. A
decree of divorce must also be made during the lifetime of both the parties.
After the decease of either the marriage will be deemed as legal in all
respects. Reeves" Dom. Rel. 204; 1 Bl. Com. 440. See Act of Pennsylvania,
March 13, 1815, Sec. 5.
2. Divorces are of two kinds; 1. a vinculo matrimonii, (q.v.) which
dissolves and totally severs the marriage tie; and, 2. a mensa et thoro,
(q.v.) which merely separates the parties.
3.-1. The divorce a vinculo was never granted by the ecclesiastical
law except for the most grave reasons. These, according to Lord Coke, (Co.
Litt. 235, a,) are causa praecontractus, causa metus, causa impotentiae, seu
frigiditatis, causa affinitatis, et causa consanguinitatis. In England such
a divorce bastardizes the issue, and generally speaking, is allowed only on
the ground of some preexisting cause. Reeves' Dom. Rel. 204-5; but sometimes
by act of parliament for a supervenient cause. 1 Bl. Com. 440. When the
marriage was dissolved for canonical causes of impediment, existing previous
to its taking place, it was declared void ab initio.
4. In the United States, divorces a vinculo are granted by the state
legislatures for such causes as may be sufficient to induce the members to
vote in favor of granting them; and they are granted by the courts to which
such jurisdiction is given, for certain causes particularly provided for by
law.
5. In some states, the legislature never grants a divorce until after
the courts have decreed one, and it is still requisite that the legislature
shall act, to make the divorce valid. This is the case in Mississippi. In
some states, as Wisconsin, the legislature cannot grant a divorce. Const.
art. 4, is. 24.
6. The courts in nearly all the states have power to decree divorces a
vinculo, for, first, 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, as Vermont, Rev. Stat. tit. 16,
c. 63, s. 1; impotence, (q.v.) 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. 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;
willful 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; Ark. Rev. Stat. c. 50, s. 1, p. 333; being a
fugitive from justice, when charged with an infamous crime. Laws of Lo. Act
of April 2, 1832. 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
bona fide to Tennessee to reside. Act of 1819, c. 20, and Act of 1835, c. 26
Carr. Nich. & Comp. 256, 257. 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. 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 others, habitual drunkenness is a sufficient
cause.
7. 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.
8. 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. That the other
party has been guilty of the same offence. 2. That the husband has
prostituted his wife, or connived at her amours. 3. That the offended party
has been reconciled to the other by either express or implied condonation.
(q.v.) 4. That there was no intention to commit adultery, as when the
party, supposing his or her first husband or wife dead, married again. 5.
That the wife was forced or ravished.
9. The effects of a divorce a vinculo on the property of the wife, are
various in the several states. 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, as Maine and Rhode Island, the lands
of the wife are restored to her. 1 Hill. Ab. 51, 2. See 2 Ashm. 455; 5
Blackf. 309. At common law, a divorce a vinculo matrimonii bars the wife of
dower; Bract. lib. ii. cap. 39, Sec. 4; but not a divorce ti mensa et,
thoro, though for the crime of adultery. Yet by Stat. West. 1, 3 Ed. I. c.
84, elopement with an adulterer has this effect. Dyer, 195; Co. Litt. 32, a.
n. 10; 3 P. Wms. 276, 277. If land be given to a man and his wife, and the
heirs of their two bodies begotten, and they are divorced. a vinculo, &c.,
they shall neither of them have this estate, but he barely tenants for life,
notwithstanding the inheritance once vested in them. Co. Litt. 28. If a
lease be made to husband and wife during coverture, and the husband sows
the, land, and afterwards they are divorced a vinculo, &c., the husband
shall have the emblements in that case, for the divorce is the act of law.
Mildmay's Case. As to personalty, the rule of the common law is, if one
marry a woman who has goods, he may give them or sell them at his pleasure.
If they are divorced, the woman shall have the goods back again, unless the
husband has given them away or sold them; for in such case she is without
remedy. If the husband aliened them by collusion, she may aver and prove the
collusion, and thereupon recover the goods from the alience. If one be bound
in an obligation to a feme sole, and then marry her, and afterwards they are
divorced, she may sue her former husband on the obligation, notwithstanding
her action was in suspense during the marriage. And for such things as
belonged to the wife before marriage, if they cannot be known, she could sue
for, after divorce, only in the court Christian, for the action of account
did not lie, because he was not her receiver to account. But for such things
as remain in specie, and may be known, the common law gives her an action of
detinue. 26 Hen. VIII. 1.
10. When a divorce a vinculo takes place, it is, in general, a bar to
dower; but in Connecticut, Illinois, New York, and, it seems, in Michigan,
dower is not barred by a divorce for the fault of the husband. In Kentucky,
when a divorce takes place for the fault of the husband, the wife is
entitled as if he were dead. 1 Hill. Ab. 61, 2.
11.-2. Divorces a mensa et thoro, are a mere separation of the
parties for a time for causes arising since the marriage; they are
pronounced by tribunals of competent jurisdiction. The effects of the
sentence continue for the time it was pronounced, or until the parties are
reconciled. A. divorce a mensa et thoro deprives the husband of no marital
right in respect to the property of the wife. Reeve's Dom. Rel. 204-5. Cro.
Car. 462; but see 2 S. & R. 493. Children born after a divorce a mensa et
thoro are not presumed to be the husband's, unless he afterwards cohabited
with his wife. Bac. Ab. Marriage, &c. E.
12. By the civil law, the child of parents divorced, is to be brought
up by the innocent party, at the expence of the guilty party. Ridley's View,
part 1, ch. 3, sect. 9, cites 8th Collation. Vide, generally, 1 Bl. Com.
440, 441 3 Bl. Com. 94; 4 Vin. Ab. 205; 1 Bro. Civ. Law, 86; Ayl. Parerg.
225; Com. Dig. Baron and Feme, C;-Coop. Justin. 434, et seq.; 6 Toullier,
No. 294, pa. 308; 4 Yeates' Rep. 249; 5 Serg. & R. 375; 9 S. & R. 191, 3;
Gospel of Luke, eh, xvi. v. 18; of Mark, ch. x. vs. 11, 12; of Matthew,
ch. v. 32, ch. xix. v. 9; 1 Corinth. ch. vii. v. 15; Poynt. on Marr. and
Divorce, Index, h.t.; Merl. Rep. h.t.; Clef des Lois Rom. h.t. As to the
effect of the laws of a foreign state, where the divorce was decreed, see
Story's Confl. of Laws, ch. 7, Sec. 200. With regard to the ceremony of
divorce among. the Jews, see 1 Mann. & Gran. 228; C. 39. Eng. C. L. R. 425,
428. And as to divorces among the Romans, see Troplong, de l'Influence du
Christianisme sur le Droit Civil des Romains, ch. 6. p. 205.
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