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.
Sec. 4. No divorce shall be granted solely upon default nor solely
upon admissions by the pleadings, nor except upon hearing before the
court in open session.
Sec. 5. After divorce either party may marry again, but in cases where
notice has been given by publication only, and the defendant has not
appeared, no decree or judgment for divorce shall become final or
operative until six months after hearing and decision.
Sec. 6. Wherever the word "divorce" occurs in this act, it shall be
deemed to mean divorce from the bond of marriage.
Sec, 7. All acts and parts of acts inconsistent herewith are hereby
repealed.]
It is always to be remembered that the law of marriage, and divorce
as well, was originally administered by the church. Marriage was a
_sacrament_; it brought about a _status_; it was not a mere secular
contract, as is growing to be more and more the modern view. Indeed,
the whole matter of sexual relations was left to the church, and was
consequently matter of sin and virtue, not of crime and innocence.
Modern legislation has, perhaps, too far departed from this
distinction. Unquestionably, many matters of which the State now takes
jurisdiction were better left to the conscience and to the church, so
long as they offend no third party nor the public. Very few lawyers
doubt that most of the causes of action based on them, such as the
familiar one for alienation of the affections, are only of use to the
blackmailer and the adventurer. They are very seldom availed of by
honest women.
Nevertheless, it is not questionable that modern American legisl
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