_pendente lite_ is in the
discretion of the court, having regard to the means of the parties, and
includes a proper provision for costs. As regards the custody of
children, the Code and the law of 1884 gave it to the husband, unless
the court otherwise orders, but the law of 1886 leaves the matter wholly
in the discretion of the court.

There are certain technical rules of evidence on the trial of a divorce
action. It is a general principle of the French law of evidence that
documentary evidence is the best evidence, and oral testimony only
secondary. In divorce cases adultery _flagrante delicto_ can be proved
by the official certificate of the commissary of police. Letters between
the husband and wife are admissible in evidence. As to letters between
the parties and third persons, the law, which has been doubtful, now
appears to be that the wife may produce only such letters from third
parties to her husband as have come into her possession accidentally,
and without any ruse or artifice on her part; but the husband may put in
evidence any letters written to or by his wife which he has obtained by
any, short of criminal, means. If the documents put in evidence are not
sufficient to satisfy the court, there follows an investigation by means
of witnesses, termed an _enquete_. A schedule of allegations is drawn
up, and a judge, termed a _juge-commissaire_, is specially appointed to
conduct the inquiry. Relatives and servants, though not competent
witnesses in ordinary civil actions, are so in divorce proceedings.
Cross petitions may be entered; the substantiation of a cross petition,
however, does not have the effect, in some cases given to it by English
law, of barring a divorce, but a divorce may be, and often is, granted
in favour of and against both parties _pour torts reciproques_. When a
case comes on for trial, it is in the power of the court to order an
adjournment for a period not exceeding six months, which is termed a
_temps d'epreuve_, in order to afford an opportunity for reconciliation.
It is said, however, that this power is seldom exercised. An appeal may
be brought against a decree of divorce within two months; and a decree
made on appeal is subject to revision by the court of cassation within
two months. Both references to the court of appeal and the court of
cassation operate as a stay of execution. A decree must, by the law of
1886, be transcribed on the register of marriages within two months from
its