pplicant has
been for the last year a resident of the state, stating the town and
county in which he has resided, and the length of his residence therein,
after deducting all absences from the state; that he is now a resident
thereof; that such residence has been in good faith and not for the
purpose of obtaining a divorce only; and it must in all cases state that
the application is made in good faith and for the purpose set forth in
the petition. [Sec.3412.]
[Sidenote: Verification. Evidence. Hearing.]
All the allegations of the petition must be verified by oath and proved
by competent evidence. No divorce shall be granted on the evidence of
the applicant alone, and all such actions shall be heard in open court
on the testimony of witnesses or depositions. [Sec.3413.] No divorce can be
granted by consent of parties unless grounds therefor can be shown by
competent evidence, and if collusion or conrivance on the part of the
defendant can be shown, such fact will be a valid defense.
[Sidenote: Causes.]
Divorce from the bonds of matrimony may be decreed against the husband
for the following causes:
1. When he has committed adultery subsequent to the marriage;
2. When he wilfully deserts his wife and absents himself without a
reasonable cause for the space of two years;
3. When he is convicted of felony after the marriage;
4. When, after marriage, he becomes addicted to habitual drunkenness;
5. When he is guilty of such inhuman treatment as to endanger the life
of his wife. [Sec.3414.]
A previous law of our state provided that when it was fully apparent to
the court that the parties could not live in peace and happiness
together, and that their welfare required a separation, a decree of
divorce might be granted, but no valid divorce can now be granted for
any other cause than for some one of those enumerated above; and this is
true, although it may plainly appear that a party has wholly disregarded
his marriage vows and obligations in various other ways.
[Adultery.]
As the direct fact of adultery can seldom be proved, when a divorce is
asked on this ground, it will be sufficient if the fact can be shown by
circumstances which would be inconsistent with any rational theory of
innocence, and such as would lead the guarded discretion of a just mind
to the conclusion of the truth of the facts. The disposition of the
parties may be shown, with the fact of their being together and having
an opportunity
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