ed, would result in danger to life. Condonation is
always a valid defense in proceedings for divorce. If the wrong is once
forgiven, it cannot afterwards be made a ground for divorce, but the
mere fact that a wife continues to live in the same house with her
husband, and does the household work, is not such condonation as will
defeat her action.
[Sidenote: Husband from wife.]
The husband may obtain a divorce from his wife for like causes, and also
when the wife at the time of the marriage was pregnant by another than
her husband, unless such husband had an illegitimate child or children
then living, which was unknown to the wife at the time of the marriage.
[Sec.3415.] In many other states, divorce will be granted to the husband,
for the cause here named, but in no other state is it provided that in
such case, a husband who had an illegitimate child at the time of the
marriage, unknown to the wife, cannot take advantage of this fact to
obtain a divorce.
[Sidenote: Cross petition.]
The defendant may obtain a divorce for the causes as above stated, by
filing a cross petition. [Sec.3416.]
[Sidenote: Maintenance during litigation.]
The court may order either party to pay the clerk a sum of money for the
separate support and maintenance of the adverse party and the children,
and to enable such party to prosecute or defend the action. [Sec.3417.] In
applying for an order granting temporary alimony it is not necessary to
show that the party making the application is entitled to a divorce. It
is sufficient if it appears that such party is without means of support
and unable to prosecute the action without such allowance. The fact of
marriage must be either admitted or proved. The court may allow
attorney's fees in proceedings for divorce and alimony, but the party
against whom the action is brought, is not liable, if the other party is
unsuccessful. Where the applicant for divorce is ordered to pay a
certain sum of money to enable the defendant to defend, it he fails to
obey this order, the action may be dismissed.
If it appears that the father is an unfit person to have the custody of
the children, pending a proceeding for divorce, the court has power to
provide for their custody and maintenance as may be for the best
interest of the children.
[Sidenote: Attachment.]
A judgment or order for temporary alimony is a lien upon the property of
the person against whom the order is directed, and such property may
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