orced
husband may remarry his divorced wife, but if he does so, he cannot be
again divorced, except on the ground of a sentence to a _peine
afflictive et infamante_ passed on one of them since their remarriage.
There is, however, this limitation on the power of remarriage of
divorced persons, that the party to the marriage against whom the decree
has been pronounced is not allowed to marry the person with whom his or
her guilt has been established. Such person, however, has no such rights
as are recognized in him or her according to English law, and cannot
take any part in the proceedings. But his or her name is referred to in
the proceedings only by an initial; and French law goes even further in
the avoidance of publicity, inasmuch as the publication of divorce
proceedings in the press is forbidden, under heavy penalties.
By a law of the 6th of February 1893 French jurisprudence, more complete
at least, and perhaps wiser, than English, dealt with a matter
previously in controversy, and decided that after a divorce the wife
shall resume her maiden name, and may not continue to use the name of
her divorced husband; nor may the husband, for business or other
purposes, continue to use the name of his wife.
By the law of 1886 the special procedure in divorce previously in force
under the Code and under the law of 1884 was abolished, and it was
provided that matrimonial causes should be tried according to the
ordinary rules of procedure. The action therefore, when brought, follows
the methods of procedure common to other civil proceedings. But there
still remain certain necessary preliminaries to an action of divorce. A
petition must be presented by a petitioner in person to the president of
the court sitting in chambers, with the object of a reconciliation being
effected. This is known as the _premiere comparation_. If the petitioner
still determines to proceed, there follows the _seconde comparation_, on
which occasion both parties appear before the president. If the
president fails to effect a reconciliation, he makes an order permitting
the petitioner to proceed, and deals with the matters necessary to be
dealt with _pendente lite_, such matters being (1) separate residence,
(2) alimony, (3) possession of personal effects, (4) custody of
children. As regards residence, the wife is compelled to adhere during
the proceedings to the residence assigned to her, but no similar
restriction is placed on the husband. Alimony
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