FREE BOOKS

Author's List




PREV.   NEXT  
|<   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299  
300   301   302   303   304   305   306   307   308   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   >>   >|  
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 All acts and parts of acts inconsistent herewith are hereby repealed.]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
PREV.   NEXT  
|<   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299  
300   301   302   303   304   305   306   307   308   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   >>   >|  



Top keywords:

divorce

 

church

 

defendant

 

notice

 
modern
 

hearing

 

matter

 

solely

 
brought
 

publication


months
 
marriage
 

virtue

 

remembered

 

repealed

 

Modern

 

innocence

 

administered

 

secular

 

legislation


Indeed
 

growing

 

contract

 

status

 

Marriage

 

relations

 
sacrament
 
sexual
 

originally

 
jurisdiction

familiar

 

alienation

 
affections
 

action

 

blackmailer

 
adventurer
 
Nevertheless
 

questionable

 

American

 

legisl


honest

 

seldom

 

availed

 
matters
 

herewith

 
Unquestionably
 

departed

 

distinction

 

public

 
lawyers