division of their property when this can
be done freely and intelligently. A separation agreement made through
fear of her husband cannot be sustained.
A wife who voluntarily enters into an agreement of separation covering
all property rights cannot, after her husband's death, have it set
aside and then claim her rights in his estate, except in some states
where community rights exist. On the other hand, her right to share in
her husband's estate is not lost though she lives apart from him by
agreement, unless this shows a clear intention to relinquish all
claims to his estate.
The husband must support his wife. This is the law everywhere. While
they live together the law presumes that he has given her authority to
purchase necessaries on his credit, and therefore a tradesman can
recover who shows that they were thus living and that the things
furnished befitted their condition in life. When she is living apart
from her husband the presumption is the other way, and a tradesman
cannot recover without proof of the fact of her husband's authority to
let her have the goods. But when she is living apart from him for good
cause, and would starve if the things needful to sustain life did not
come from some source, she has an absolute right to pledge her
husband's credit for them.
What are the things for which she may pledge her husband's credit?
Those required to sustain life and preserve decency, besides other
things to maintain her in her social condition. Wearing apparel,
furniture, jewelry, even legal expenses incurred in regaining her
conjugal rights have been included.
Besides agreements to live separately, the law for several causes
permits absolute separation. These are prescribed by statute, and
vary greatly in the different states. Adultery is a cause recognized
in all of them, for which an absolute divorce can be granted. Cruelty
is another cause, almost as general, though more difficult to define.
Actual violence is not necessary to constitute cruelty, threats of
violence with an intention to do bodily harm will suffice. Again, the
cruelty must be unmerited. If she has justly provoked the indignation
of her husband, then his cruelty presents a different aspect.
Nevertheless, if his cruelty bears no relation to her wrongful
beginnings, she still has good ground for separation.
Desertion is a general ground of divorce, the law in every state
prescribing a period of time, quite often three years. The period
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